OCTOBER 2012 BAD FAITH CASES: COURT GRANTS TWENTY-ONE DAYS TO AMEND CARRIER’S NOTICE OF REMOVAL BECAUSE IT FAILED TO ALLEGE INSURED’S DOMICILE (Middle District)

In Grudkowski v. Foremost Ins. Co., the court addressed a putative class action complaint filed by an insured alleging consumer protection and bad faith violations against its insurance carrier. After the insured filed its complaint in Luzerne County, the carrier removed to federal court on the basis of diversity jurisdiction.
However, the carrier failed to properly allege the insured’s domicile, instead alleging that she was a “resident” of Pennsylvania. As such, the court granted the carrier twenty-one days to amend the removal notice.
Date of Decision: September 25, 2012
Grudkowski v. Foremost Ins. Co., No. 3:CV-12-1847, 2012 U.S. Dist. LEXIS 136825, U.S. District Court for the Middle District of Pennsylvania (M.D. Pa. Sept. 25, 2012) (Caputo, J.)