Thursday, February 3, 2022

No Bad Faith If No Coverage Under UIM Policy

In the case of Miale v. Nationwide Ins. Co. of America, No. 2:21-CV-00702-CCW (W.D. Pa. Dec. 27, 2021 Wiegand, J.), the federal court dismissed a Plaintiff’s UIM bad faith claim given that there was an underlying finding that no coverage existed under the policy at issue such that there was, therefore, no valid breach of contract claim. 

The court noted that there was no coverage under the policy at issue given that the Plaintiff was found to have appropriately waived stacking under that policy.

The court reviewed issues surrounding intra-policy stacking and inter-policy stacking questions.    

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

I send thanks to Attorney Lee Applebaum of the Philadelphia office of Fineman, Krekstein & Harris for bringing this case to my attention. Attorney Applebaum is the writer of the excellent Pennsylvania and New Jersey Insurance Bad Faith Case Law blog which can be viewed HERE.

Source of image:   Photo by Kampus Production from

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