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UIM Bad Faith Complaint Allowed To Stand

By Daniel Cummins on January 16, 2019
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In the case of Baldridge v. GEICO, No. 18-CV-1407 (W.D. Pa. Dec. 3, 2018 Schwab, J.), the court denied a Defendant’s Motion to Dismiss the Plaintiff’s Complaint in a bad faith claim.
The court found that the Plaintiff adequately pled a statutory bad faith claim in this UIM case based upon allegations of improper claims handling.  
According to the Opinion, the Plaintiff alleged serious injuries, extensive treatment, and over a million dollars in lost wages and benefits.  
The Plaintiff complained that, although he voluntarily provided the carrier with medical records, sworn statement, other information, and also participated in an IME, the carrier allegedly did not respond to the Plaintiff for three (3) months and then abruptly denied the claim presented.  
The court found that the Plaintiff pled sufficient facts to support allegations both that the Defendant lacked a reasonable basis for denying the Plaintiff’s claim for UIM benefits and that the Defendant allegedly knew or recklessness disregarded its lack of a reasonable basis in denying the claim. 
Anyone wishing to review a copy of this case may click this LINK.
I send thanks to Attorney Lee Applebaum of the Philadelphia law firm of Fineman, Krekstein, & Harris, and the writer of the excellent Pennsylvania and New Jersey Insurance Bad Faith Case Law blog, for bringing this case to my attention. 
Photo of Daniel Cummins Daniel Cummins

Daniel E. Cummins is a civil litigator and Partner in the Clarks Summit, Pennsylvania law firm of Cummins Law, which is located in northeastern Pennsylvania, just outside of Scranton. He has served as a columnist for the Pennsylvania Law Weekly and appeared in…

Daniel E. Cummins is a civil litigator and Partner in the Clarks Summit, Pennsylvania law firm of Cummins Law, which is located in northeastern Pennsylvania, just outside of Scranton. He has served as a columnist for the Pennsylvania Law Weekly and appeared in the Best Lawyers in America Director every year since 2015. He is the creator and sole author of Tort Talk, a blog dedicated to discussing updates, trends, and thoughts regarding Civil Litigation Law.

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  • Posted in:
    Insurance
  • Blog:
    Tort Talk
  • Organization:
    Foley, Comerford & Cummins
  • Article: View Original Source

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