Shaw v. USAA Casualty Insurance Company, 2018 WL 2183271 (M.D. Pa. May 11, 2018)
On March 8, 2021, the plaintiff sustained injuries in a motor vehicle accident as a pedestrian…
The plaintiff alleged that the accident caused her to suffer a loss of everyday pleasures and enjoyment of life due to “permanent limitations due to the pain, discomfort, and inconvenience to her back, neck, and body.”
However, the defendant’s summary judgment motion was granted as the court could not find that the defendant acted in bad faith pursuant to the Pennsylvania statute.
The court noted evidence of the plaintiff’s daily activities after the accident, including social media posts, which showed that plaintiff was very active casting doubt on her claims that the accident caused her to be “permanently lame, sore, and disabled”, as well as “permanent limitations.” For instance, some photographs of the plaintiff on social media showed her socializing, dancing, walking through Times Square, and wearing stilettos.
The court found that the plaintiff failed to establishthat the defendant acted in bad faith with respect to the handling of her UIM claim. Rather, the extensive record indicated that the defendant had reasonably attempted to gather all of the information necessary to properly evaluate the value of the plaintiff’s underlying claim against the tortfeasor, and that as a result of its investigation, it had a reasonable basis to conclude that the plaintiff’s underlying claim did not exceed $100,000.
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