Philadelphia Federal Court Finds In Favor of Progressive Insurance Leading to Dismissal of UIM Bad Faith Claims

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This is the case of Mohamed v. Progressive Advanced Insurance Company, U.S. District Court Eastern District of Pennsylvania No. CV 21-5174, 2022 WL 1084738. This lawsuit was filed by pro se litigant, Nadia Mohamed, who sued Progressive for statutory bad faith, breach of contract, and common law contractual bad faith UIM claims. She also sought damages for the intentional infliction of emotional distress.

In this case, the court found that plaintiff’s allegations, that the insurer did not adequately investigate her claim, and made “low-ball” offers, did not meet the burden of proof necessary to prove bad faith. The court also remarked, that her claims were “conclusory” at best.

On April 11, 2022, the U.S. District Court Eastern District of Pennsylvania, found the statutory bad faith claim inadequately plead, lacking facts and asserting only conclusory allegations concerning (1) making a low-ball offer of $2,000 in the face of a $50,000 policy limit demand (2) the failure to investigate; and (3) the failure to consider medical records.