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 traveling in the left lane. The impact caused the Plaintiffs’ vehicle to strike the center guardrail and a tractor trailer traveling along side of their car. Plaintiffs made claims against with insurer for uninsured motorist benefits and filed suit for breach of contract and statutory bad faith shortly thereafter. Plaintiffs alleged that their insurer failed to negotiate their underinsurance claims, failed properly investigate and evaluate their claims, and failed to request that Plaintiffs submit to a defense medical examination. Defense counsel filed a motion to dismiss, pointing out that Plaintiff’s allegations were conclusory and not supported by any specific factual allegations as required under federal law.
Ultimately, the Court agreed with defense counsel stating Plaintiffs based their claims on allegations missing the requisite support to survive a motion to dismiss. The Court found that without additional facts, the Court cannot infer that the insurer acted in bad faith when handling the claim.
