5. Therefore, “absent additional facts about her claim and the accompanying investigation, negotiations or communications between her and the insurer, the Court cannot infer … bad faith.”
As to the claim for breach of the implied covenant of good faith and fair dealing, the court said this was not a separate cause of action, but was absorbed in the breach of contract claim.
Leave to amend the complaint was given on the plaintiff’s statutory bad faith and intentional infliction claims, but the contract-based bad faith claim was dismissed with prejudice as a separate cause of action.
Date of Decision: April 11, 2022
Mohamed v. Progressive Advanced Insurance Company, U.S. District Court Eastern District of Pennsylvania No. CV 21-5174, 2022 WL 1084738.
