Bad Faith Sentinel - September 2015

Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015).

District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable investigation and by making misrepresentations about the insureds’ claim.

After Rachel Kennedy was injured in a car accident, she and her husband submitted underinsured motorist claims to their insurer, Allstate Property and Casualty Insurance Company. The underinsured motorist claims were arbitrated in 2013, resulting in a $625,000 award. The Kennedys subsequently sued Allstate and three adjusters employed by Allstate in Pennsylvania state court. The Kennedys alleged that Allstate and the adjusters improperly evaluated their claims and engaged in intentional delay, misrepresentation and fraud in the course of processing, investigating and arbitrating those claims.

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