JULY 2006 BAD FAITH CASES INSURED DISPUTED COVERAGE DENIAL ON BASIS THAT A COVERAGE WAIVER WAS FORGED, BUT COURT FINDS INSURED FAILED TO MEET BURDEN OF PROVING FORGERY (Philadelphia Federal)

In Jackson v. Allstate Insurance Company, the insured was injured when her car was struck by an underinsured motorist’s vehicle.  After recovering part of her damages from the underinsured motorist’s insurer, up to that coverage limit, the plaintiff filed a claim for the remainder of her damages with her insurer.  In denying her underinsured motorists claim (“UIM”), the carrier produced a waiver of UIM coverage document signed by plaintiff.  Plaintiff contended that her signature on the document was a forgery.  The Court ruled that plaintiff had not produced any credible evidence to support that the signature was a forgery, and therefore granted summary judgment in favor of the defendant carrier. 

Date of Decision: July 12, 2006

Jackson v. Allstate Insurance Company, United States District Court for the Eastern District of Pennsylvania, No. 05-cv-1480, 441 F. Supp. 2d 728, 2006 U.S. Dist. LEXIS 46898 (E.D. Pa. July 12, 2006) (Brody, J.)