The insured did not assert statutory bad faith in this UIM property damage case, but did assert violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL). In dismiss the UTPCPL claim, the court observed:
“The insurance bad faith statute applies to post-contract formation conduct. The UTPCPL, on the other hand, applies to conduct surrounding the insurer’s pre-formation conduct. The UTPCPL applies to the sale of an insurance policy. It does not apply to the handling of insurance claims.”
Date of Decision: April 28, 2022
Holovich v. Progressive Specialty Ins. Co., No. CV 22-1107, 2022 WL 1265535 (E.D. Pa. Apr. 28, 2022)
