Wednesday, April 20, 2022

Bad Faith and UTPCPL Claims Dismissed in Damage to Motorhome Case

In the case of Moravia Motorcycle, Inc. v. Allstate Insurance Company, No. 2:21-CV-01274-PLD (W.D. Pa. March 3, 2022 Dodge, M.J.), a federal magistrate district court judge for the Western Federal District Court of Pennsylvania issued a Memorandum Opinion in an insurance bad faith case.

According to the Opinion, the Plaintiffs owned a motorhome that sustained storm damage when a tree fell on top of the motorhome, which allowed rainwater and other moisture to penetrate the motorhome and cause damage to the interior and the Plaintiffs’ property located inside.

The Plaintiffs asserted that they were advised that the policy would provide coverage for this type of loss. When they notified Allstate of the damages, Allstate refused to provide coverage. The Plaintiff sued for a breach of contract, bad faith, and for treble damage under the Unfair Trade Practices and Consumer Protection Law.

After reviewing the facts before it, and applying the relevant law, the court granted Allstate’s Motion to Dismiss the Plaintiff’s claims of negligence and bad faith without prejudice. The court also granted Allstate’s Motion to Dismiss with prejudice relative to the claims under the Unfair Trade Practices and Consumer Protection Law.

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

I send thanks to Attorney Joseph Hudock of the Pittsburgh law firm of Summers, McDonnell, Hudock, Guthrie & Rauch, P.C. for bringing this case to my attention.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.