OCTOBER 2012 BAD FAITH CASES: COURT REFUSES TO DISMISS INSURED’S BAD FAITH CLAIM ON UIM SUIT (Western District)

In Morosky v. Allstate Ins. Co., a carrier moved to dismiss its insured’s breach of contract claim, arguing (1) that the insured’s first claim should be captioned as an underinsured motorist (“UIM”) claim and (2) that the second count was sufficient to establish a cause of action for bad faith.
As to the first allegation, the carrier argued that the insured’s complaint should be captioned as a UIM claim, rather than breach of contract action, because the insured’s complaint clearly asserted a claim for the payment of UIM benefits. The court agreed with this contention.
Second, the carrier argued that the insured’s claim was insufficient to set out a bad faith claim. The court disagreed with this argument, finding that the carrier’s challenges would be better suited for summary judgment following discovery.
Date of Decision: September 28, 2012
Morosky v. Allstate Ins. Co., No. 12-996, 2012 U.S. Dist. LEXIS 140491, U.S. District Court for the Western District of Pennsylvania (W.D. Pa. Sept. 28, 2012) (Bisson, J.)