Plaintiff was a limited tort insured who was involved in a motor vehicle accident with an unidentified vehicle. As a result of the accident, she sustained injuries to her back, neck, shoulders and head and underwent seven months of treatment and an MRI which showed multiple cervical herniations. Plaintiff then brought a claim for uninsured motorist benefits against her insurer who evaluated the claim and did not believe that Plaintiff pierced the limited tort threshold. Thereafter, Plaintiff filed suit against the insurer as well as the claims representative who handled the claim for (1) breach of contract, (2) statutory bad faith and (3) violations of the Unfair Trade Practices and Consumer Protection Law (“UTPCPL”)
Ms. Miller filed preliminary objections seeking to dismiss the claims representative, arguing (1) the claim representative cannot be liable for breach of contract because the contract at issue was between the Plaintiff and the insurance company, (2) under the Pennsylvania statute, only an insurer may be sued, not a claims representative, and (3) Plaintiff failed to adequately allege any violations of the UTPCPL the claim representative committed, failed to allege that Plaintiff justifiably relied on these alleged violations, and failed to show that Plaintiff suffered any damages as a result of this justifiable reliance. The Philadelphia Court of Common Pleas agreed with Defendant’s position and dismissed the claim representative with prejudice.
