Judge Padova also cited Eastern District Judge Surrick’s 2017 Mitchell v. State Farm decision, to address the insurer’s actions in ignoring an insured’s expert reports which in that case supported a bad faith claim, stating:
“Similarly, the general allegation that [the insurer] ‘act[ed] unreasonabl[y] and unfairly in response to Plaintiff’s claim’ is supported by additional factual allegations that [the insurer] assigned multiple claim representatives to Plaintiff’s claim, none of whom were aware of the history of the claim and all of whom refused to respond properly to Plaintiff …, did not make any offer to tender a policy benefit for five months …, and ‘grossly undervalued’ Plaintiff’s claim as was subsequently proven by an appraisal….”
Smith v. Allstate Insurance Company, U.S. District Court Eastern District of Pennsylvania Case No. CV 21-5048, 2022 WL 1460331 (E.D. Pa. May 9, 2022) (Padova, J.)
