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Peruggia v. American Home Assurance Co.

United States District Court, E.D. Pennsylvania

March 11, 2014

JOSEPH PERUGGIA, Plaintiff,
v.
AMERICAN HOME ASSURANCE COMPANY, Defendant.

MEMORANDUM

WILLIAM YOHN, Jr., District Judge.

This action arises from Joseph Peruggia's submission of claims to his employer's insurer, the American Home Assurance Company ("American Home"), for underinsurance coverage related to injuries he suffered in an auto accident. While Peruggia and American Home ultimately settled the insurance claim, Peruggia claims here that American Home's conduct during the adjustment period breached the insurance policy (Count I) and violated 42 Pa. C.S.A. § 8371 (Count II).

American Home now files a motion under Rule 12(b)(6) seeking dismissal of Count I of Peruggia's complaint. For the following reasons, American Home's motion will be denied.

I. Background[1]

In June 2002, Peruggia-a Verizon technician-was driving a Verizon vehicle in the course of his employment when it was rear-ended by a vehicle driven by non-party Timothy Ricci. According to Peruggia, he sustained incapacitating injuries in the accident and was unable to resume his position with Verizon. Ricci's vehicle was covered under an insurance policy providing for $500, 000 in third-party coverage; the Verizon vehicle was covered by an American Home policy providing for $2 million in first-party underinsurance coverage.

In August 2010, Peruggia settled with Ricci's insurer for $451, 673; American Home allegedly gave express consent to the agreement. Peruggia then pursued an insurance claim with American Home. In June 2011, Peruggia's attorney provided American Home's adjuster with Peruggia's medical records, reports from treating physicians, and a vocational expert's report on Peruggia's lost earnings-said to be over $1.5 million. According to the complaint, American Home was thereupon dilatory in its adjustment of Peruggia's claim, not making its first settlement offer until June 2013. That June 2013 offer would have included a global release of any claims in connection with Peruggia's claim for underinsured motorist benefits and, subsequent to the offer, American Home's attorney asked Peruggia's attorney if Peruggia intended to bring a statutory or common law bad faith claim related to the adjustment of the insurance claim. Peruggia alleges that, between June 2011 and August 2013, American Home willfully failed to adjust Peruggia's claim in a timely manner; adequately supervise outside counsel; make timely requests for necessary materials; evaluate damages fairly and in good faith; make reasonable, good faith settlement offers; negotiate without demanding a global release of claims; and communicate with Peruggia in good faith. In August 2013, one week before binding arbitration, Peruggia and American Home reached settlement in an amount of $1.65 million, allegedly to resolve the underinsured motorist claim only.

On October 15, 2013, Peruggia filed the instant action in the Philadelphia Court of Common Pleas claiming state law violations related to American Home's adjustment of Peruggia's claim. On October 25, 2013, American Home removed the action to this court on the basis of diversity jurisdiction. On November 15, 2013, Peruggia filed an amended complaint containing two counts: breach of contract and the implied covenant of good faith and fair dealing (Count I); and bad faith in dealing with an insured in violation of 42 Pa. C.S.A. § 8371 (Count II).

American Home now moves to dismiss Count I of Peruggia's amended complaint. According to American Home, Pennsylvania does not recognize a breach of contract action based on the bad faith of a first-party insurer. Further, American Home contends, any damages that Peruggia might otherwise recover are already satisfied by the settlement of Peruggia's insurance claim. In the alternative, American Home argues, the allegations in the complaint do not support Peruggia's recovery of damages for emotional distress or damages arising from American Home's demand for a global settlement of all claims.

II. Legal Standards

A motion to dismiss under Rule 12(b)(6) tests the legal sufficiency of a complaint. Fed.R.Civ.P. 12(b)(6). In determining whether a complaint is sufficient, a court takes note of the elements the plaintiff must plead to state a claim, and, accepting all factual allegations in the complaint as true, determine whether the plaintiff's well-pleaded factual allegations plausibly give rise to an entitlement for relief. Santiago v. Warminster Twp., 629 F.3d 121, 130 (3d Cir. 2010) (citing Ashcroft v. Iqbal, 556 U.S. 662 (2009)). While a short and simple statement of entitlement to relief is all that is required to state a claim under Rule 8(a), vague or conclusory statements will not suffice: a claim is only plausible where the complaint pleads sufficient factual content to raise the right to relief above the speculative level. Victaulic Co. v. Tieman, 499 F.3d 227, 234 (3d Cir. 2007). Any reasonable inferences that may be drawn from the complaint must be drawn in the light most favorable to the plaintiff. Buck v. Hampton Twp. Sch. Dist., 452 F.3d 256, 260 (3d Cir. 2006).

III. Analysis

A. Pennsylvania Law and Breach of Contract for Bad Faith

American Home contends Peruggia's Count I must fail because, under D'Ambrosio v. Pennsylvania Nat. Mut. Cas. Ins. Co., 494 Pa. 501 (1981), Pennsylvania does not recognize a common law action based on a first-party insurer's alleged bad faith conduct. In D'Ambrosio, the Pennsylvania Supreme Court expressly declined to recognize a tort that would make actionable an insurer's bad faith denial of a claim by its insured. See id. at 508-11.[2]

In Birth Center v. St. Paul Companies, Inc., 567 Pa. 386 (2001), the Pennsylvania Supreme Court considered whether a medical provider could bring a bad faith contract action where it alleged its insurer-which had defended the medical center in a negligence action brought by a patient-had acted unreasonably and in bad faith in refusing to negotiate a settlement to the negligence action.[3] See id. Addressing the defendant's contention that the action was barred by D'Ambrosio, the Birth Center court emphasized that D'Ambrosio only addressed the availability of a bad faith tort action and noted that, "at least since th[e] Court's 1957 decision in Cowden [ v. Aetna Cas. & Sur. Co., 389 Pa. 459 (1957)], common law contract rights permit an insured to recover compensatory damages in bad faith actions." Birth Center, 567 Pa. at 402 n.12 (citing Johnson v. Beane, 541 Pa. 449, 458-59 (1995) (Cappy, J., concurring). The court further characterized D'Ambrosio as having "expressly stated that, in an appropriate case, an insured could recover compensatory damages based on a contract cause of action, because of an insurer's bad faith conduct." Birth ...


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