Monday, February 5, 2024

Carrier Held Liable in Bad Faith Claim

In the case of Devincenzo-Gambone v. Erie Insurance Exchange, No. 2017-CV-09856 (C.P. Montg. Co. Oct. 12, 2022 Rogers, J.), the court entered a ruling against the carrier in a bad faith after finding that the carrier had recklessly disregarded a reasonable basis to pursue its petition following an Arbitration of a UIM case.

The court found fault with the carrier’s handling of issues regarding a binding Arbitration on the issues of stacking and damages.

The court found that the Plaintiff had presented clear and convincing evidence that the carrier did not act reasonably in investigating, evaluating, and arbitrating the Plaintiffs’ claims and that the carrier lacked a reasonable basis to hold a portion of the Arbitrator’s Award and to file a Petition to Modify or Correct the Award.

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

I send thanks to Attorney David B. Pizzica of the Philadelphia law firm of the Pansini Law Group/Pansini & Pizzica for bringing this case to my attention.

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