MOROSKY v. ALLSTATE INSURANCE COMPANY

Filing 11

ORDER denying 7 Motion to Dismiss for Failure to State a Claim. Signed by Judge Cathy Bissoon on 9/28/12. (dcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JOSEPH MOROSKY,
Plaintiff,
v.
ALLSTATE INSURANCE COMPANY,
Defendant.

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Civil Action No. 12-996
Judge Cathy Bissoon

ORDER
Defendant’s Motion to Dismiss (Doc. 7) will be denied.
As to Count I of the Amended Complaint, Defendant argues that Plaintiff’s claim should
be “captioned as an underinsured motorist claim,” rather than breach of contract. See Def.’s Br.
(Doc. 8) at 7. Semantic niceties aside, Count I clearly asserts a claim for the payment of UIM
benefits. See Am. Compl. (Doc. 6) at ¶ 26. Although the purported shortcomings regarding
Count I could be further addressed through amendment, Plaintiff’s current Complaint satisfies
the relatively liberal pleading standards applicable in federal court, and Defendant’s request for
dismissal is denied.
As to Count II, Plaintiff has pleaded sufficient facts to state a claim under Pennsylvania’s
bad faith statute. Compare Post v. St. Paul Travelers Ins. Co., -- F.3d --, 2012 WL 3095352, *20
(3d Cir. Jul. 31, 2012) (bad faith established where insurer did not have reasonable basis for
denying benefits under policy, and it knew or recklessly disregarded lack of reasonable basis)
with Am. Compl. at ¶¶ 16-21 & Count II (alleging that Defendant summarily rejected Plaintiff’s
UIM claim, only one day after Plaintiff’s request for coverage and without meaningful
investigation). Defendant’s challenge is better suited for summary judgment, after the parties

have enjoyed the benefit of discovery. See Haines v. State Auto Property & Cas. Ins. Co.,
2009 WL 1767534, *6 (E.D. Pa. Jun. 22, 2009) (holding same, citation to quoted source
omitted). Thus, Defendant’s request for dismissal of Count II is denied, without prejudice to
renewal on summary judgment.
Consistent with the foregoing, Defendant’s Motion to Dismiss (Doc. 7) is DENIED.
IT IS SO ORDERED.

September 28, 2012

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

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