In this case, the insured bad faith plaintiff pleads conclusory language taken from case law and the Unfair Insurance Practices Act, all of which failed to meet the Twombly/Iqbal pleading standards. The opinion provides a list of other cases as reference points of such failed pleadings. That being said, dismissal of the bad faith count was without prejudice, so that the plaintiff could attempt to plead a plausible bad faith claim.
Date of Decision: December 21, 2016
Mondron v. State Farm Mut. Auto. Ins. Co., No. 16-412, 2016 U.S. Dist. LEXIS 176404 (W.D. Pa. Dec. 21, 2016) (Bissoon, J.)