Tuesday, December 14, 2021

UIM Bad Faith Complaint Dismissed For Lack of Supporting Facts

In the case of Bond v. Geico, No. 2:21-CV-02966-JDW (E.D. Pa. Oct. 25, 2021 Wolson, J.), the court dismissed a Plaintiff’s breach of contract, bad faith, and intentional infliction of emotional distress claims arising out of a motor vehicle accident after finding that legal theories alone are not enough to sustain litigation; rather, a Plaintiff must also plead factual allegations to support his or her legal theories.

More specifically, the court also noted the Plaintiff had failed to identify any policy provisions supporting his claims for coverage or facts demonstrating that the carrier had failed to act reasonably in responding to the claim for coverage.

As such, the Plaintiff’s case was dismissed but the Plaintiff was allowed leave to amend.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Nov. 18, 2021).

Source of image:  Photo by ZEG Photo from www.pexels.com.

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