OCTOBER 2013 BAD FAITH CASES: STATE STATUTORY BAD FAITH CLAIM PRE-EMPTED BY ERISA (Philadelphia Federal)

In Gunning v. Prudential Insurance Company, the court rejected plaintiff’s various efforts to plead, either directly or indirectly, a Pennsylvania statutory claim for bad faith because such claims were pre-empted by ERISA. The insured was a former employee of US Airways, and was insured under a group life insurance policy issued by the carrier.

Dated of Decision: October 7, 2012

Gunning v. Prudential Insurance Company, CIVIL ACTION NO. 13-3965, 2013 U.S. Dist. LEXIS 144514, (E.D. Pa. October 7, 2013) (Schmehl, J.)