Firm Lawyers Win Motion To Dismiss Bad Faith Claim

Firm Lawyers Win Appeal, Upholding Dismissal of Bad Faith Claim

March 2009

Firm lawyers Jay Barry Harris and Lee Applebaum successfully obtained a dismissal of an insured’s claims for breach of contract and bad faith against Utica First Insurance Company in the United States District Court for the Eastern District of Pennsylvania. The case is Anglo American LLC v. Utica First Insurance Company. Anglo American had been sued for harm caused on its business premises, and sought a defense from its carrier. The carrier denied that it had any obligations to defend or cover the loss in that underlying action based on the facts and the policy’s terms and conditions. Anglo American then brought the breach of contract and bad faith claims in federal court, based on the denial. The Firm’s motion to dismiss under Federal Rule of Civil Procedure12(b)(6) was successful, the Court first finding no basis for coverage as to the underlying claims, which in turn eliminated any possibility of bad faith.