Thursday, June 23, 2022

Negligence Claim Asserted Against Carrier Dismissed in Bad Faith Action

In the case of Moravia Motorcycle, Inc. v. Allstate Insurance Company, No. 2:21-CV-01274 (W.D. Pa. May 9, 2022 Dodge, M.J.), the court addressed a Motion to Dismiss a bad faith claim relative to an insurance policy issued by Allstate for damage to the Plaintiff’s motorhome during the course of a storm.

At issue in this case was a Motion to Dismiss the Plaintiff’s claims for negligence and bad faith.

Relative to the bad faith claims, the court found that the conflicting information provided by Allstate to the Plaintiffs was sufficient to support the bad faith claim presented.

However, the court dismissed the Plaintiff’s allegations that Allstate was negligent by misrepresenting the status of the policy, failing to fully advise them of the actual terms of the coverage and other similar allegations of negligence.

Allstate otherswise sought the dismissal of the negligence claims under the gist of the action doctrine and for lack of specificity.

The court dismissed the negligence claim but allowed the bad faith claim to proceed.

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.

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