FOLLOW US

America October 31, 2022 4 mins read

Insured’s Bad Faith Claim Survives Where Two Adjusters Took Opposite Coverage Positions

America ı By Samuel Lopez

0 Comments

motor home

This is the case of Moravia Motorcycle, Inc. v. Allstate Insurance Company, in the U.S. District Court Western District of Pennsylvania.

The plaintiffs commenced this action in July 2021 in the Court of Common Pleas of Lawrence County, Pennsylvania. However, Allstate moved for a change of venue and the case was transferred to the District Court Western District of Pennsylvania based on diversity jurisdiction; at the same time, Allstate filed a partial motion to dismiss.

Plaintiffs Moravia Motorcycle, Inc. and Thomas and Deborah McKinney filed their lawsuit against Allstate Insurance Company (“Allstate”), seeking benefits under an insurance policy for damage to their motor home.

Plaintiffs seek the policy limits of $100,000, plus damages for bad faith and treble damages under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”).

Relevant Factual Background

The Plaintiffs own a 2008 Coachman motor home which was insured with Allstate. The motor home was parked at the plaintiff’s property in Chesterfield, South Carolina.

In April 2020, numerous storms passed through the Chesterfield area, causing a tree branch to fall on top of the motor home, causing damage to the roof and seal.

Because there was damage to the seal, rainwater and other moisture were able to enter the motor home, causing severe damage to the motor home and the plaintiff's property located inside.

The complaint alleges that in initially looking for insurance coverage on their motor home, they inquired of the insurer about its motor home insurance and that the insurer represented to them that there would be coverage for the type of loss they eventually sustained.

Two Adjusters Took Opposite Positions

According to the complaint, after the insurance policy was issued and the loss actually occurred, Allstate initially sent a claims adjuster who found that the damage was covered under the policy.

The plaintiffs then took their motor home to a qualified mechanic to make the necessary repairs. They say that without explanation, Allstate sent a second claims adjuster to re-evaluate their claim.

The plaintiffs allege that the second adjuster concluded their loss was not covered and Allstate denied payment. As a result, the repairs were never performed, which resulted in further damage to the motor home, including electrical issues, decay of the interior walls, and mold.

Plaintiffs Commence their action

Unable to resolve the matter, In July 2021, the plaintiffs sued for breach of contract, negligence, and bad faith. Allstate filed a motion moving to dismiss the bad faith and negligence claims.

The plaintiffs alleged that one adjuster told them the loss was covered, and that they relied on his representation to begin repairs on the motor home, and then a second adjuster, without notice or explanation informed them that the loss was not covered.

The Plaintiff’s Bad Faith Claim

Patricia L. Dodge, United States Magistrate Judge, found that the plaintiff’s allegations as to bad faith attributed to Allstate did not meet the requisite standard of review. The court found the facts as currently alleged in the complaint were not sufficient to state a plausible bad faith claim.

Judge Dodge said “Plaintiffs have not met this standard. Rather, they merely allege that Allstate failed to review its file appropriately, wrongfully denied payment that it knew was owed, required Plaintiffs to incur costs and legal fees in obtaining what is rightfully theirs, and failed to use due care in handling the claim. These allegations are insufficient to support a claim of bad faith.”

However, even in the face of this rebuke, the court still gave the plaintiff a lifeline to bring their bad faith claims against Allstate back before the court, stating:

“Plaintiffs have requested leave to amend. As the Court cannot conclude that amendment would be futile, Allstate's motion to dismiss will be granted without prejudice and with leave to amend.”

Previous Article

People Should Brace Themselves for Winter, That of 2023, Says Top Oil Executives

Read More
1828 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America September 20, 2026
Saquon Barkley Injury Sidelines Eagles Star After Brutal First Carry
By – Tyler Brooks
Opinion September 19, 2026
Trump’s Press Ban Puts His Ego Above Your Rights
By – Michallie Harrison
America September 19, 2026
Iranian Government Holds Rally as War With U.S. and Israel Continues
By – Jackie Allen
America September 19, 2026
Texas Shuts Down Houston-Area ‘Birth Tourism’…

Key Takeaways Texas Attorney General Ken Paxton announced that De’Ai…

By – Samuel Lopez
America September 19, 2026
Acquitted Michigan Brothers Sue FBI Agents…

Factual Background Michael and William Null, acquitted in 2023 of…

By – Samuel Lopez
America September 19, 2026
Businesses Face Rising ADA Lawsuits Over…

Key Takeaways Website-accessibility litigation is surging, with 432 new digital…

By – Samuel Lopez
America September 19, 2026
Maurene Comey Wants Her Job Back…

Key Takeaways Maurene Comey is challenging DOJ’s argument that Assistant…

By – Samuel Lopez
America September 19, 2026
Agreement Entered Into With Denmark And…

Key Takeaways The Trump administration announced a new Greenland agreement…

By – Samuel Lopez
America September 18, 2026
DC Productions Narrow as HBO Chief…

DC Productions are entering a more selective phase, according to…

By – Jackie Allen
America September 18, 2026
DC Productions Narrow as HBO Chief…

DC Productions are entering a more selective phase, according to…

By – Jackie Allen
America September 18, 2026
Princess Diana Wanted to End Engagement…

Princess Diana wanted to call off her engagement to then-Prince…

By – Jackie Allen
America September 18, 2026
Pentagon Drops 6th Tranche of UAP…

Key Takeaways Among the most extraordinary documents in the Pentagon’s…

By – Samuel Lopez
America September 18, 2026
Pentagon Recognized Religions List Sparks Debate…

A revised Pentagon list of recognized religions in the U.S.…

By – Jackie Allen
America September 18, 2026
Diddy’s Lawyers Seek To Exit $100…

Key Takeaways Attorneys representing Sean “Diddy” Combs have asked a…

By – Samuel Lopez
America September 18, 2026
Nicki Minaj Fights Personal Liability In…

NEW YORK — Nicki Minaj is fighting to remove herself…

By – Samuel Lopez
America September 18, 2026
Uber Ordered to Pay $40 Million…

Uber has been ordered to pay $40 million to the…

By – Jackie Allen
America September 17, 2026
DEA Investigation Into Hayden Panettiere Death…

A DEA Investigation into the death of actress Hayden Panettiere…

By – Jackie Allen
America September 17, 2026
Tyler Perry Plans Puerto Rico Move…

Key Takeaways Tyler Perry says he plans to move to…

By – Samuel Lopez
America September 17, 2026
Blueface Livestream Drama Raises Family Court…

Key Takeaways Repeated livestreams involving Blueface and Nevaeh Akira have…

By – Samuel Lopez
America September 16, 2026
Pentagon Admits Space Weapons Are Already…

Key Takeaways The U.S. has confirmed for the first time…

By – Samuel Lopez
And More September 14, 2026
Sydney Sweeney and Scooter Braun Celebrate…

Sydney Sweeney celebrated her 29th birthday with a public declaration…

By – Jackie Allen
America September 17, 2026
New Balance Sues Decathlon Over Kiprun…

Key Takeaways New Balance claims Decathlon’s mirrored Kiprun “K” logo…

By – Samuel Lopez
America September 17, 2026
OpenAI $1.2T Valuation Talk Headlines Week…

Numbers this large tend to blur into abstraction — until…

By – Tyler Brooks
Breaking News September 17, 2026
Fed Rate Hike Adds to Americans’…

WASHINGTON — A Fed rate hike is adding to Americans’…

By – Michallie Harrison
America September 17, 2026
AI Safety Debate Turns to Synthetic…

Key Takeaways OpenAI’s Hugging Face breach has intensified questions over…

By – Samuel Lopez
America September 17, 2026
America’s Golden Dome Pushes U.S. Missile…

Key Facts The Space Force is developing low-Earth-orbit interceptors intended…

By – Samuel Lopez
America September 17, 2026
State Farm and Allstate File Plans…

Key Takeaways State Farm is proposing a limited return centered…

By – Samuel Lopez
America September 15, 2026
Massachusetts AG Joins 21-State Coalition Suing…

Key Takeaways Massachusetts Attorney General Andrea Campbell has joined attorneys…

By – Samuel Lopez
America September 14, 2026
TMZ Ties Itself to the Hayden…

Key Takeaways TMZ is reporting that law enforcement sources believe…

By – Samuel Lopez
America September 13, 2026
Bayer’s $7.25 Billion Roundup Settlement Faces…

Key Takeaways Bayer’s Monsanto unit will ask a Missouri judge…

By – Samuel Lopez
America September 13, 2026
Tylenol Maker and Pharmacy Chains Ask…

By Samuel López | USA Herald Tylenol maker Kenvue and…

By – Samuel Lopez
America September 13, 2026
Lawyers Are Getting Burned by AI…

Key Takeaways Courts across the country have been sanctioning lawyers…

By – Samuel Lopez
America September 10, 2026
41% of Lawyers Say Legal Careers…

Key Takeaways More than 41% of surveyed lawyers say the…

By – Samuel Lopez
And More September 14, 2026
Sydney Sweeney and Scooter Braun Celebrate…

Sydney Sweeney celebrated her 29th birthday with a public declaration…

By – Jackie Allen
America September 13, 2026
Serena Williams’ Daughters Make History as…

Serena Williams has built one of the most decorated careers…

By – Jackie Allen
America September 13, 2026
KJ Biermann Faces Seven Felony Charges…

KJ Biermann, the 15-year-old son of “Real Housewives of Atlanta”…

By – Jackie Allen
America September 13, 2026
Team USA Reaches Women’s Basketball World…

BERLIN — Team USA advanced to the FIBA Women’s Basketball…

By – Jackie Allen
America September 11, 2026
Bears and RB Swift $33.75M Extension…

Sometimes the best deals get done before the clock even…

By – Tyler Brooks
America September 11, 2026
Skywatchers: Moonshadow Creates Dramatic Blood Moon…

A Moonshadow transformed the night sky Aug. 27 as the…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter