March 2014 Bad Faith Cases: Bad Faith Claim Dismissed Because Filed More Than Two Years From Alleged Act of Bad Faith (Philadelphia Federal)

In Hatchigian v. State Farm Ins. Co., the insured claim that the carrier improperly made out a settlement check to both him and his lawyer.  He asserted a bad faith claim, but did not file the action for more than three years after the check was issued.  As the statute of limitations on bad faith claims under 42 Pa.C.S. § 8371 is two years, the claim was dismissed.

Date of Decision:  January 16, 2014

Hatchigian v. State Farm Ins. Co., CIVIL ACTION NO. 13-2880, , 2014 U.S. Dist. LEXIS 5562, (E.D. Pa. January 16, 2014) (Buckwalter, J.)

The decision was affirmed, per curiam, by a Third Circuit Panel.

Date of Decision:  July 17, 2014

Hatchigian v. State Farm Ins. Co., No. 14-1412, 2014 U.S. App. LEXIS 13652 (3d Cir. July 17, 2014) (Per curiam)