Plaintiff was traveling westbound on his Harley Davidson motorcycle when an unknown white SUV suddenly veered into his lane causing accident. As a result of the accident, Plaintiff injured his back, shoulders and hip and ultimately underwent laminectomy requiring hospitalization for three days. Plaintiff made a claim for uninsured motorist benefits with his insurance carrier and when the parties were unable to resolve the claim, Plaintiff filed suit alleging breach of contract and bad faith on the part of the insurance carrier. Specifically, Plaintiff claimed that the carrier failed to properly investigate Plaintiff’s claim, failed to make reasonable and fair offers of settlement of Plaintiff’s UM claims, failed to promptly offer reasonably payments to the plaintiffs, and made offers of settlement that were unfair and unreasonable
Lori Miller filed a 12(b)(6) motion to dismiss the bad faith claim in the Eastern District of Pennsylvania arguing that the bad faith allegations in Plaintiff’s complaint were broadly worded and included boilerplate assertions. She further argued that the complaint was devoid of any specific facts that the court could reasonably rely on to support a plausible claim for liability toward the insurer. The Court agreed with Ms. Miller and dismissed all allegations of bath faith citing that “plaintiff had not alleged sufficient or specific facts to support his claim that [the insurer] had acted in bad faith . . ..” and that the Plaintiff had “not set forth any factual allegations to support his general legal claims.”
