Monday, May 16, 2022

Bad Faith Claim Allowed to Proceed On A Homeowner's Claim From a Fire Loss


In the case of Jaworowski v. Erie Ins. Co., No. 4250-Civil-2020 (C.P. Monroe Co. March 30, 2022 Williamson, J.), the court denied a Motion to Dismiss a Plaintiff’s bad faith claim against the carrier.

This matter arose under a homeowner's policy relative to an alleged fire loss.

According to the Opinion, the carrier claimed that it had legitimate grounds to deny the Plaintiff coverage based upon a lack of residency. The court noted that the evidence in the record made the issue of the Plaintiff’s claimed residency questionable but not free from all doubt.

As such, the court denied the Defendant’s Motion for Partial Summary Judgment.

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


Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (May 10, 2022).

Source of Image:  Photo by Maxim Tajer on www.unsplash.com.

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