MARCH 2009 BAD FAITH CASES EX-WIFE COULD NOT ASSERT BAD FAITH CLAIM WHERE SHE NEVER FILED THEFT CLAIM (Philadelphia Federal)

In Aquila v. Nationwide Mutual Insurance Company,

The court did grantED summary judgment to the insurer on all of the bad faith claims made by the insured ex-wife because, despite being an insured under the policy, she never filed a claim for the theft so she could not qualify as a bad faith plaintiff.

Date of Decision:  December 15, 2008

Aquila v. Nationwide Mut. Ins. Co., CIVIL ACTION No. 07-2696, 2008 U.S. Dist. LEXIS 101518 (E.D. Pa. Dec. 15, 2008)(Strawbridge, M. J.)