Homeowner's Insurance Bad Faith Claim Dismissed

In the case of Qin v. Travelers Personal Ins. Co., No. 2:22-CV-03264-KNS (E.D. Pa. Dec. 15, 2023 Scott, J.), the court granted a Defendant carrier’s Motion to Dismiss a Plaintiff’s bad faith claim based upon the homeowner insurance carrier Defendant’s refusal to cover a loss because the property in question had been vacant for more than sixty (60) days prior to the date of the loss.

The court found that the Complaint lacked factual allegations to support the bad faith claim.

This case involved issues arising under a homeowner’s insurance policy.  The Plaintiff alleged that tenants had damaged a property that he owned.

The court found that the Plaintiff did not allege any facts to support a claim of bad faith and only made conclusory allegations. The court otherwise held that the allegations in the Complaint failed to satisfy the two prongs necessary to establish a bad faith claim, that being that the Defendant allegedly lacked a reasonable basis for denying benefits under the policy and that the carrier knew or recklessly disregarded its lack of a reasonable basis in denying the claim.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE.


Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Jan. 5, 2024).

Source of image:  Photo by Tierra Mallorca on www.unsplash.com.