Clear & Unambiguous Exclusion Must be Enforced
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After claiming that on or about July 25, 2019 Ms. Levine noticed significant structural damage to one of the walls in her house’s basement and more specifically, that the wall was swelling, cracked, and bowing inward she filed a claim with State Farm. After the claim was denied the insurer was sued in Linda Levine and Susan Liebeler v. State Farm Fire And Casualty Company, Civil Action No. 20-1108, United States District Court, W.D. Pennsylvania (September 30, 2021). State Farm moved to dismiss.
Although it was clear to the court that the denial of the claim was proper, even if the investigation lasted only thirty minutes, there was no claim of a loss not excluded and no evidence to even indicate bad faith conduct. Regardless, the court allowed the Plaintiffs a third attempt to state a cause of action that asserts facts sufficient to overcome the clear and unambiguous exclusions or allege acts that would support a claim that State Farm committed the tort of bad faith.