SEPTEMBER 2013 BAD FAITH CASES: PLAINTIFF’S CLASS ACTION DISMISSED WITH PREJUDICE FOR FAILURE TO STATE A CLAIM; MOTION FOR RECONSIDERATION DENIED (Middle District)
Plaintiff filed a Motion for Reconsideration seeking reconsideration of the case law the court applied, as well as the dismissal of her UTPCPL and statutory bad faith claims. The court quickly refused reconsideration of the UTPCPL and statutory bad faith claims as plaintiff merely restated her previous arguments, failing to meet the requirements for reconsideration.
The court denied the motion for reconsideration because granting plaintiff’s motion and its attempt to make a new argument, despite plaintiff’s previous opportunity to address the argument raised by the insurer via a response to the insurer on the initial motion, would have given plaintiff an improper “second bite at the apple.” The court further found even if it granted the motion for reconsideration, plaintiff had failed to demonstrate that relying on the disputed case law was a clear error of law.