FOLLOW US

Thu

July 16, 2026

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
1630 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!

Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
America July 14, 2026
The Manosphere: Social Media’s Growing Influence…

The Manosphere has become a broad umbrella term describing a…

By – Jackie Allen
America July 14, 2026
UFO Sightings: Scientists Say Alien Life…

The debate over UFO Sightings and the possibility of extraterrestrial…

By – Jackie Allen
U.S. News July 13, 2026
H.R. 9237 Sparks Fight Over Future…

One of the most significant veterans’ bills introduced in Congress…

By – Michallie Harrison
Science & Technology July 13, 2026
Social Media Oversharing Fuels Identity Theft

Social media oversharing usually does not look reckless. It looks…

By – Michallie Harrison
America July 13, 2026
Anthropic Emerges as AI Leader After…

Anthropic has received an unexpected endorsement from one of its…

By – Jackie Allen
America July 13, 2026
Lab Scandal:  JonBenét Ramsey Investigation Continues…

The Lab scandal involving a former Colorado forensic scientist has…

By – Jackie Allen
America July 13, 2026
Lab Scandal:  JonBenét Ramsey Investigation Continues…

The Lab scandal involving a former Colorado forensic scientist has…

By – Jackie Allen
America July 12, 2026
South Bow to Pay Nearly $27M…

Nearly three years after nearly 13,000 barrels of crude oil…

By – Rihem Akkouche
America July 12, 2026
two killed in Toronto After Deadly…

One moment, thousands of people were dancing in the streets…

By – Rihem Akkouche
America July 12, 2026
Elephant Fire burns 4500 acres in…

It started Saturday afternoon in the shadow of the Sierra…

By – Rihem Akkouche
America July 12, 2026
Lindsey Graham Death at 71 Stuns…

He had just returned from Ukraine. He had met with…

By – Rihem Akkouche
America July 12, 2026
Lindsey Graham Dies at 71 After…

Lindsey Graham, the longtime Republican senator from South Carolina and…

By – Jackie Allen
America July 12, 2026
Lindsey Graham Dies at 71 After…

Lindsey Graham, the longtime Republican senator from South Carolina and…

By – Jackie Allen
America July 12, 2026
Jan. 6 Case: Judge Dismisses Proud…

The long-running Jan. 6 Case involving several senior members of…

By – Jackie Allen
America July 12, 2026
Jack Antonoff Criticizes AI in Music,…

Jack Antonoff sharply criticized the growing use of artificial intelligence…

By – Jackie Allen
America July 11, 2026
UFC Event Allegedly Targeted in White…

WASHINGTON, D.C. — A historic UFC Event held on the…

By – Jackie Allen
America July 10, 2026
Russia Sanctions Bill Gains BiPartisan as…

WASHINGTON, D.C. — Russia Sanctions legislation moved closer to becoming…

By – Jackie Allen
America July 10, 2026
Manhattanhenge 2026: Final Summer Sunset Alignment…

NEW YORK — Manhattanhenge is making its final appearance of…

By – Jackie Allen
America July 10, 2026
Manhattanhenge 2026: Final Summer Sunset Alignment…

NEW YORK — Manhattanhenge is making its final appearance of…

By – Jackie Allen
America July 10, 2026
Jared Isaacman Says NASA Has Unexplained…

WASHINGTON, D.C. — Jared Isaacman, the administrator of NASA, says…

By – Jackie Allen
America July 9, 2026
Erika Kirk Seeks Public Release of…

Erika Kirk, the widow of Turning Point USA co-founder Charlie…

By – Jackie Allen
America July 9, 2026
Bonnie Tyler Remembered as Legendary Welsh…

Bonnie Tyler, the Welsh singer whose unmistakable raspy voice powered…

By – Jackie Allen
America July 9, 2026
Assault on Iran Escalates as U.S.…

The Assault on Iran intensified after the United States launched…

By – Jackie Allen
America July 9, 2026
Broadcom Deal: Apple Commits More Than…

Apple is dramatically expanding its investment in American semiconductor manufacturing…

By – Jackie Allen
America July 11, 2026
Oregon Withdraws Court Motion in Paramount-Warner…

Oregon blinked — but it did not back down. The…

By – Rihem Akkouche
America July 11, 2026
Apple Sues OpenAI Over Trade Secrets…

The partnership that placed ChatGPT inside hundreds of millions of…

By – Rihem Akkouche
America July 9, 2026
Broadcom Deal: Apple Commits More Than…

Apple is dramatically expanding its investment in American semiconductor manufacturing…

By – Jackie Allen
America July 8, 2026
Arranged Marriage Ends in Tragedy: Amazon…

An Arranged Marriage that began in the summer of 2025…

By – Jackie Allen
America July 8, 2026
Forensic Scientist Henry Lee’s Final Interview…

A legendary Forensic Scientist whose testimony influenced some of America’s…

By – Jackie Allen
America July 6, 2026
Accused of Rape:  Graham Platner Denies…

Accused of Rape, Maine Democratic U.S. Senate candidate Graham Platner…

By – Jackie Allen
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
Health July 2, 2026
The Hidden Science Behind Why Your…

For millions of people, the first conscious act of the…

By – Tyler Brooks
Health July 2, 2026
The High Cost of the Infinite…

A significant legal chapter is closing for one of the…

By – Tyler Brooks
Health July 2, 2026
Kentucky Medicaid Alert How The Upcoming…

A significant change is arriving for thousands of Kentucky residents…

By – Tyler Brooks
Health June 29, 2026
Everything You Need to Know About…

As the calendar turns to July 1, residents of Georgia…

By – Tyler Brooks
Breaking News June 26, 2026
Trump Seeks $1.4 Billion as Congo…

The Trump Ebola funding request would provide more than $1.4…

By – Michallie Harrison
America July 2, 2026
Taylor Swift Wedding Reports Claim Private…

Taylor Swift Wedding speculation intensified after reports claimed that pop…

By – Jackie Allen
High Profile Court Cases July 2, 2026
Justice Served as Former NFL Scout…

The Nashville courtroom fell silent this Wednesday as a jury…

By – Tyler Brooks
America June 29, 2026
Stonewall Riots: An Uprising That Changed…

The Stonewall Riots marked one of the most significant turning…

By – Jackie Allen
Sports June 26, 2026
USMNT Lost to Turkey at 90+8.…

Kaan Ayhan’s goal came in the 90th minute, plus eight.…

By – Nicolas Carreno
Entertainment June 25, 2026
Tears, Goals, and the Siuuu: IShowSpeed’s…

The 2026 FIFA World Cup has been a rollercoaster of…

By – Tyler Brooks
America June 22, 2026
World Cup History Made as Lionel…

World Cup history was made Monday afternoon in Arlington, Texas,…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter