GMR Senior Counsel Keith Bursack prevailed on a motion for summary judgment related to coverage, dismissing all claims against his automobile insurance carrier in Middlesex County, New Jersey. Plaintiff claimed injuries following a motor vehicle accident and sought to recover damages from the underinsured motorist carrier for the vehicle they were occupying. After reviewing the […]
Results
Lori Miller Secures another Dismissal of Bad Faith Claim in the Eastern District of Pennsylvania
Lori Miller again obtained a dismissal of a Plaintiff’s bad faith claim in the initial pleadings stage of litigation, this time before Judge Mark Kearney of the Eastern District of Pennsylvania. Plaintiff was a full tort 21-year-old college student traveling through an intersection in Montgomery County when the underinsured motorist ran a red light colliding […]
Lori Miller Secures Dismissal of Bad Faith Claim in the Eastern District of Pennsylvania
Lori Miller successfully convinced Judge Joel H. Slomsky of the Eastern District of Pennsylvania to dismiss two Plaintiffs’ bad faith claims in the initial pleadings stage of litigation. The underinsured motorist was operating her vehicle north on I-95 in the center lane when she lost control of her vehicle and struck Plaintiffs’ vehicle which was […]
Despite Recent Rancosky Decision, Eastern District of Pennsylvania Dismisses Bad Faith Counts Upon Lori Miller’s Motion to Dismiss
In Rancosky v. Washington National Insurance, the Pennsylvania Supreme Court held that to prevail on a bad faith action, a policyholder must present clear and convincing evidence: (1) that the insurer did not have a reasonable basis for denying benefits under the policy; and (2) that the insurer knew of or recklessly disregarded its lack […]
Claire Neiger Defeats Plaintiff’s Second Attempt at Bad Faith Against Insurance Company
After GMR partner, Lori Miller had Plaintiff’s claims of statutory bad faith dismissed in the Eastern District of Pennsylvania, Plaintiff attempted to re-package his bad faith claims under the guise of common law bad faith. Claire Neiger instantly filed a Motion for Summary Judgment claiming that there was no new evidence and that Plaintiff’s claims […]