Court Allows Claim To Proceed Against UIM Carrier Where UIM Claims Rep Allegedly Interfered With Settlement Negotiations In Third Party Case

In the case of Winner v. Progressive Advanced Ins., No. 2230 EDA 2024 (Pa. Super. Sept. 24, 2025 Panella, P.J.E., Nichols, J., and Ford Elliott, P.J.E.) (Op. by Panella, P.J.E.), the Pennsylvania Superior Court overruled the dismissal of an Unfair Trade Practices and Consumer Protection Law (UTPCPL) claims that was based on alleged actions of an insurance adjuster who allegedly intentionally interfered with the policyholder’s settlement negotiations in a lawsuit with a third party Defendant.

According to the Opinion, this matter arose out of a car accident.  During the course of the matter, after completing productive settlement negotiations in the third party matter, Plaintiff's counsel contacted the UIM carrier to request that a UIM claim be opened.

Thereafter, the UIM claims representative, without the consent of the carrier's insured or the insured's attorney, contacted the third party defense attorney and informed that defense attorney of a subsequent accident that the Plaintiff had been involved in.  As is turned out, the subsequent accident only involved property damages and no injuries to the insured.

Plaintiff's counsel in this matter alleged that the UIM carrier had allegedly contacted the third party defense attorney in order to persuade that attorney to reduce his settlement offer in the third party case in an attempt to shield the UIM carrier from the UIM claim.  In other words, the Plaintiff asserted that the UIM carrier purposely interfered in the third party matter in an effort to prevent the Plaintiff from recieving UIM benefits.

Based on these facts, the Superior Court overruled the trial court's dismissal of the Plaintiff's UTPCPL claims.

The Superior Court additionally held that the forum selection clause in the policy that applies to any action brought against the insurance company requiring that such action must be brought in a county in which a person seeking benefits resides also applies to bad faith and unfair trade practices claims based on the conduct alleged in this matter.

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


Source: “Court Summaries” By Timothy L. Clawges, Pennsylvania Bar News (Oct. 20, 2025).

Source of image:  Photo by Sean Musil on www.unsplash.com.