SEPTEMBER 2018 BAD FAITH CASES: EVEN THOUGH NEARLY 30 BAD FAITH ALLEGATIONS WERE MADE IN COMPLAINT, CASE DISMISSED FOR ONLY ASSERTING CONCLUSORY ALLEGATIONS (Middle District)

Published on September 4, 2018 in PA - Federal Pleading Inadequate. Closed
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Despite the complaint setting out 29 bad faith allegations, the court dismissed the bad faith claim for solely pleading conclusory allegations. In reaching its conclusion, the court referenced the analyses of conclusory pleadings in other bad faith cases, including the following cases previously reported on this blog: Myers, Palmisano, Schlegel, Pfister, and PGT. The dismissal was without prejudice.

Date of Decision: August 22, 2018

Sowinski v. New Jersey Manufacturers Insurance Co., U. S. District Court Middle District of Pennsylvania, CIVIL ACTION NO. 3:17-CV-02352, 2018 U.S. Dist. LEXIS 142471 (M.D. Pa. Aug. 22, 2018) (Mehalchick, M.J.)

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