Wednesday, June 8, 2022

Bad Faith Claim Dismissed Relative to Homeowner's Insurance Claim Following a Hurricane

In the case of Smith v. Allstate Insurance Company, No. 2:21-CV-05048-JP (E.D. Pa. May 9, 2022 Padova, J.), the court addressed a Motion to Dismiss a bad faith claim filed by the Defendant in a case in which the Plaintiff asserted claims for breach of a homeowners insurance policy and bad faith relative to damage caused to the Plaintiff’s property by a hurricane.

The court found that the Plaintiff’s allegations in the Complaint regarding the carrier’s alleged unresponsiveness to the Plaintiff, investigator failures, dilatory conduct, and unsubstantiated coverage denials provided a sufficient factual basis to survive the carrier’s Motion to Dismiss.

As such, the carrier’s Motion to Dismiss was denied.

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (May 26, 2022).

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