OCTOBER 2016 BAD FAITH CASES: DISTRICT COURT UPHOLDS REPORT AND RECOMMENDATION ON FAILURE TO ADEQUATELY PLEAD BAD FAITH (Middle District)
In this case, the District Judge agreed with the Magistrate’s Report and Recommendation that the Complaint should be dismissed without prejudice because it “consists of little more than a paraphrase of the statute, coupled with a factual assertion that the defendant has breached the insurance policy in ways which are undefined, but allegedly willful and malicious.” Courts in the Third Circuit “require more than conclusory and bare-bones allegations that an insurance company acted in bad faith in order to sustain a statutory bad faith claim.”
Dates of Decision: July 21, 2016 (R&R), August 22, 2016 (District Court)
Rogowski v. Foremost Ins. Co., No. 3:15-CV-01606, 2016 U.S. Dist. LEXIS 95930 (M. D. Pa. July 21, 2016) (Carlson, M.J.) R & R
