FEBRUARY 2011 BAD FAITH CASES SUMMARY JUDGMENT GRANTED TO INSURER ON BAD FAITH CLAIM (Philadelphia County Common Pleas Court)

In Garvin v. Allstate Insurance Company, the insured had appealed an order the court issued in 2008 granting the insurer summary judgment with respect to her bad faith claim.  Without stating the facts, the court noted that to establish bad faith, an insured must demonstrate that the insurer lacked a reasonable basis for denying benefits and knew or recklessly disregarded the lack of a reasonable basis for such denial.

Here, the court determined that the insurer properly relied on its own inspections in addition to the opinions of other inspectors when making its decision to deny benefits under the insurance policy’s exclusions.  Therefore, the court affirmed its granting of summary judgment to the insurer on the bad faith claim.

Date of Decision:  January 19, 2011

Garvin v. Allstate Ins. Co., No.: 2729, Common Pleas Court of Philadelphia County, Pennsylvania, Civil Trial Division, 2011 Phila. Ct. Com. Pl. LEXIS 9, (Jan. 19, 2011) (Di Vito, J.)