(Shepard’s/McGraw-Hill brochure c. 1985)
In an insurance coverage protection case, a federal Justice of the Peace Choose in Pennsylvania denied the plaintiffs’ movement for depart to amend to state claims for insurer dangerous religion. The proposed modification was grounded on the alleged litigation conduct of the defendant insurer. The Court docket’s decision of this difficulty is instructive:
Plaintiffs Daniel and Susan Katz’s Movement for Depart to File an Amended Grievance (doc. 46) is DENIED. The Katzes argue Defendant USAA Casualty Insurance coverage Firm improperly denied allegations of their Grievance and search so as to add allegations and claims of dangerous religion and breach of contract primarily based on USAA’s alleged misconduct. Though an insurer’s actions throughout litigation might assist a foul religion declare, such actions should contain greater than defensive litigation ways. [Citations omitted.] The insurer usually should have taken intentional steps to evade its obligations beneath the insurance coverage contract or undermine the truth-finding course of. [Citations omitted.] Even when USAA might have been extra forthcoming in its Reply and/or produced a extra acceptable company designee, its responses within the Reply fall throughout the class of defensive litigation ways somewhat than an intentional evasion of its obligations as an insurer. See Reply (doc. 3). The Katzes additionally might pursue different treatments beneath the Federal Guidelines of Civil Process to the extent they consider the company designee was improper or contradicted USAA’s Reply. [Citation omitted.] As a result of the Katzes’ proposed amendments don’t assist their claims of dangerous religion or breach of contract, I deny their movement to amend as futile.[1]
[1] Katz v. USAA Cas. Ins. Co., No. 19-4488, 2021 WL 9031163, at *1 (E.D. Pa. July 19, 2021) (Rice, USMJ).
The Katz case is one among many instances addressed in Part 9:6, in 2 DENNIS J. WALL, LITIGATION AND PREVENTION OF INSURER BAD FAITH (West Publishing Firm 3d Version, 2023 Dietary supplements in course of).
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