NOVEMBER 2012 BAD FAITH CASES: ONLY PLEADING ELEMENTS OF BAD FAITH CAUSE OF ACTION IN CONCLUSORY MANNER RESULTS IN DISMISSAL WITHOUT PREJUDICE (New Jersey Federal)

In YAPAK, LLC v. Massachusetts Bay Insurance Co., the insured alleged bad faith against its insurer. The court dismissed the Complaint, without prejudice, as the plaintiff merely alleged the elements of a cause of action in a conclusory manner, and thus failed to adequately set forth a cause of action.
Date of Decision: October 16, 2009
YAPAK, LLC v. Massachusetts Bay Insurance Co., Civ. No. 3:09-cv-3370, 2009 U.S. Dist. LEXIS 96361 (D.N.J. Oct. 16, 2009) (Thompson, J.)