Pennsylvania Holds That Injured Party Has No Standing to Sue Defendant’s Insurance Company for Bad Faith

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This is the case of Gitelman v. Wilkinson, in U. S. District Court Western District of Pennsylvania, filed by Pro se Plaintiff Leslie Gitelman (“Gitelman”), a retired attorney.

According to Gitelman’s complaint, on November 26, 2019, she was walking down Redfern Drive in Allegheny County, when a motorist, Dawne Wilkinson (“Wilkinson”), struck her with his vehicle. Gitelman filed a lawsuit against Wilkinson in the Civil Division of the Allegheny County Court of Pleas. Gitelman settled her suit, and the defendant’s insurance company issued her a settlement check for $100,422.47. Gitelman also entered into a separate settlement agreement with Wilkinson for $150,000.00.

Shortly thereafter, Gitelman became discontented with her attorney at the time, George M. Kontos (“Kontos”). Gitelman was unsatisfied with his negotiation of the settlement.

Even though Gitelman had already received the settlement check for $100,422.47, she never deposited the check, instead taking the position that she was defrauded, and was entitled to more from her own insurance company, and from the defendant’s insurer.