JANUARY 2014 BAD FAITH CASES: CLAIM CONCERNING FIRST PARTY MEDICAL BENEFITS GOVERNED BY SECTION 1797 OF MVFRL WHICH PRE-EMPTS BAD FAITH CLAIMS (Philadelphia Federal)

In our first post of 2014,

Yang v. State Farm Mut. Auto. Ins. Co., the Court found that plaintiff’s claims concerning improper conduct by insurers in paying first party medical benefits is governed by section 1797 of the Motor Vehicle Financial Responsibility Law, which pre-empts any potential claim under the Bad Faith Statute.

Date of Decision:  November 21, 2013

Yang v. State Farm Mut. Auto. Ins. Co., No. 13-CV-2725, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, 2013 U.S. Dist. LEXIS 166194 (E.D.Pa. November 21, 2013) (Ditter, J.)