SEPTEMBER 2014 BAD FAITH CASES: INSURED’S FAILURE TO RESPOND TO A RENEWAL QUOTE IS NOT A NON-RENEWAL REQUIRING 60 DAYS NOTICE, AND THE INSURED’S CLAIM FOR BAD FAITH FAILED (Philadelphia Commerce Court)

In Get Busy Living Solutions, LLC v. Main Line Insurance Office, LLC, the carrier, through its agent, sent a renewal quotation to the insured about one month prior to the policy’s end date. The insured never replied prior to the policy’s end time and date, but texted his agent 7 hours after the policy period ended that he wanted to renew. Unfortunately, the insured suffered a fire 6 hours later. The insured’s agent only asked for renewal two days later, after learning of the fire, and the insurer required that the insured go through a process that would have revealed the fire loss. The policy was not renewed. The insured brought breach of contract and bad faith claims.

The insured argued that under Pennsylvania law, a mid-term cancellation or a now-renewal required 60 days’ notice from the carrier. The court agreed with the insurer that this was not a non-renewal situation. The insurer quoted a renewal price and it was the insured that chose not to renew; thus, this was not a non-renewal. Summary Judgment was granted for the insurer.

Date of Decision: August 22, 2014

Get Busy Living Solutions, LLC v. Main Line Ins. Office, LLC, NO. COMMON PLEAS COURT OF PHILADELPHIA COUNTY, 2014 Phila. Ct. Com. Pl. LEXIS 271, (C.C.P. Phila. Commerce Court August 22, 2014) (McInerney, J.)