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INSURANCE – FINANCIAL RESPONSIBILITY LAW – UNDERINSURANCE – BAD FAITH

Dasch v. USAA Cas. Ins. Co., 2025 U.S. Dist. LEXIS 162771 (August 21, 2025) Mariani, Judge.

Underinsurance claim leading to a bad faith allegation. The bad faith was allegedly based upon failure to properly reasonably respond to the demand after medical documentation had been supplied; unreasonable delay in underinsurance benefits; failure to make a reasonable settlement offer; refusing to pay a fair amount; failure to acknowledge or act upon written communications from plaintiff; failure to implement reasonable standards for the proper investigation of payment of UIM claims; failure to pay wage loss in a reasonable time; failure to attempt in good faith to effectuate a fair, prompt and equitable settlement; lack of good faith; making an offer of $2500, which is clearly unreasonable. The court refused to grant the insurance company’s motion. The court set forth standard for bath faith under § 8371 which is found in Terletsky v. Prudential.

Property & Cas. Ins. Co., 437 Pa. Super. 108, 649 A.2d 680, 688 (1994), appeal denied, 540 Pa. 641, 659 A.2d 560 (1995).”

The allegations are sufficient to deny the motion to dismiss.