MARCH 2015 BAD FAITH CASES: COURT REITERATES NO SEPARATE CAUSE OF ACTION FOR BREACH OF IMPLIED DUTY OF GOOD FAITH AND FAIR DEALING OUTSIDE OF BREACH OF CONTRACT CLAIM (Middle District)

In Cicon v. State Farm Mutual Automobile Insurance Company, the Court reiterated the long-standing proposition: “Pennsylvania law does not recognize a separate breach of the contractual duty of good faith and fair dealing where said claim is subsumed by a separately pled breach of contract claim.” The court then dismissed that separate claim.

Date of Decision: March 4, 2015

Cicon v. State Farm Mutual Automobile Insurance Company, Case No. 3:14-CV-2187, 2015 U.S. Dist. LEXIS 25780 (M.D. Pa. March 4, 2015) (Conaboy, J.)