JULY 2008 BAD FAITH CASES
COURT FOUND REMOVAL OF BAD FAITH CLAIM TO FEDERAL COURT WAS TIMELY (Western District)
In Wisinski v. American Commerce Group, Inc., American Commerce Insurance Company the insured filed claims for bad faith, breach of contract, and unfair trade practices arising out of the insured’s claim for uninsured motorist coverage following the insured’s motor vehicle accident with an uninsured motorist. The insured filed this complaint in the Court of Common Pleas of Erie County. The insurer then removed the action to federal court. The insurer then filed a motion to remand arguing that the insurer’s notice of removal was untimely. While the insured agrees that the insurer filed the notice of removal within 30 days of the complaint, the insured argues that an “initial pleading” triggering the 30 day time period for removal was satisfied by the Writ of Summons, Motion to Compel Arbitration, and the insurer’s motion for reconsideration. The court found that the insurer’s removal was timely because the notice was filed within 30 days of the filing of the complaint. Therefore the court denied the insured’s motion to remand and ordered an Initial Status Conference date.
Date of Decision: February 5, 2008
Wisinski v. Am. Commerce Group, Inc.,2008 U.S. Dist. LEXIS 8393 (W.D. Pa. Feb. 5, 2008)( Cohill Jr., J.)