NOVEMBER 2006 BAD FAITH CASES BAD FAITH CLAIM DISMISSED FOR LACK OF PROSECUTION (Philadelphia)

In Luff v. Allstate Insurance Company, Plaintiff passenger filed an underinsured motorist (UIM) claim against Defendant insurer.  The Philadelphia Court of Common Pleas entered a judgment of non pros.  The Court determined that Plaintiff had no substantive claims to appeal as she failed to file a Pa.R.C.P. 3051 petition for relief from judgment of non pros.  In addition, Plaintiff failed to proceed with due diligence by, among other things, creating delays in the claim and the case by failing to provide medical records and then bringing suit against the parties involved.  Further, Plaintiff appealed a court order directing payment of the first arbitrator’s fee and refused to pay the second arbitrator’s request for advance partial payment.  The Court found that Plaintiff’s reasons for delay were not compelling as she was responsible for moving her case forward, not to mention Defendants were prejudiced as the case was inactive for over four years and the underlying accident had occurred 14 years earlier.

Date of Decision:  October 27, 2006

Luff v. Allstate Ins. Co., Court of Common Pleas of Philadelphia County, May Term 2001, No. 02561, 2006 Phila. Ct. Com. Pl. LEXIS 422 (Phila. Ct. Com. Pl. October 27, 2006) (Moss, J.)