After a several day civil jury trial in the Court of Common Pleas of Allegheny County, Pennsylvania, DiBella Geer McAllister Best attorney Tara Maczuzak obtained a defense verdict for the insured in a rear-end automobile accident. The Plaintiff presented evidence of damages arising out of the accident, including, pain and suffering and projected future medical treatment. The Defense stipulated to liability for the accident, but presented evidence including, expert medical testimony that the physical injuries claimed were preexisting, photographs showing minimal damage to the vehicles, and evidence that low impact rear-end accident would not have caused the injuries claimed by Plaintiff. The jury returned a verdict in favor of the Defendant, finding that his negligence was not a factual cause of any harm to the Plaintiff.
September 28, 2017
PENNSYLVANIA SUPREME COURT ISSUES RULING ON INSURANCE BAD FAITH
The Pennsylvania Supreme Court issued an opinion in which it, for the first time, clarified the contours of a bad faith claim under 42 Pa. C.S.A. § 8371. This case, Rancosky v. Washington Nat’l Ins. Co., addressed the following two issues:
Whether the Supreme Court should adopt the two part test set forth in Terletsky v. Prudential Prop. & Cas. Ins. Co., 649 A.2d 680 (Pa. Super. Ct. 1994) for establishing bad faith under § 8371; and
Whether, if the Terletsky standard is adopted, motive of self interest or ill will is a mandatory prerequisite to establishing a claim for bad faith under § 8371 or whether is merely a discretionary consideration.
Tara Maczuzak has been named a member in the Pittsburgh office of DiBella, Geer, McAllister & Best, P.C.. Tara focuses her practice on litigation in the areas of motor vehicle and premises liability, commercial litigation, personal injury defense, and extra-contractual insurance litigation.