Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases
Personal Injury
Premises Liability: The Slip and Fall
Workers' Compensation
Vehicle and Automobile Accidents
Attorney
Staff
Blog Category:

Personal Injury

    1/16/2009
    James R. Carroll, Jr., Esquire
    Comments (0)

    Court Allows Claims For Emotional Distress After Alleged Breach Of Contract To Continue

    In Amitia v. Nationwide Mut. Ins. Co., No. 3:08cv335 (M.D. Pa. Jan. 15, 2009), Judge Munley from the Middle District of Pennsylvania Denied Nationwide's Motions to Dismiss Claims that allege violations of the Unfair Trade Practices and Consumer Protection Law (UTPCPL) and Breach of Contract in a case arising out of an underinsured motorist claim after a July 3, 2002 car accident. 
     
    First, the Nationwide Motion for Dismiss the UTPCPL count is denied because Amitia alleged more than a mere breach of a contractual duty by alleging Nationwide failed to evaluate the claim promptly, objectively and fairly.  Also, Amitia alleges Nationwide conducted an unfair, unreasonable and dilatory investigation.  Therefore, he finds that their have been allegations more than the simple alleged refusal to pay which could warrant recovery under the UTPCPL.
     
    Second, he denies a Motion to Dismiss a claim for breach of contract.  Nationwide argued that since the underinsured motorist claim was paid that it could not be responsible for breach of contract.  The opinion notes that the damages sought in the case because of the breach are different than damages for the underinsured motorist benefits.  The claims allege emotional distress because of Nationwide's breach.  Thus, this is not the same as damages for the breach of not paying UIM benefits and the Court finds that "it would be inappropriate at this time to dismiss the breach of contract cause of action as it seeks recovery for emotional distress, which may be recoverable."
     
    Thanks to Scott B. Cooper, Esquire for this information.

    Labels: uim Underinsurance underinsured motorist benefits Unfair Trade Practices and Consumer Protection Law (UTPCPL)


There are no comments.

Post a comment

Post a Comment to "Court Allows Claims For Emotional Distress After Alleged Breach Of Contract To Continue"

To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."

Username:*

Password:*

Register for an account

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the text in the graphic below: [hit F5 if you can not read the text]

©2009 Carroll & Carroll, P.C., All Rights Reserved, Reproduced with Permission
The Best in Website Design for Attorneys, Attorney Web Blogs That Work, Attorney Search Engine Optimization, Optimized Video Services for Lawyers and Update Your Website Yourself
by Foster Web Marketing - The Best Attorney Website Design & Hosting Firm
Get SEO Tips from The Attorney Internet Marketing Blog