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UTPCPL COULD ONLY APPLY TO PRE-CONTRACT CONDUCT, NOT CLAIM HANDLING (Philadelphia Federal)


The insured didn’t assert statutory unhealthy religion on this UIM property harm case, however did assert violation of Pennsylvania’s Unfair Commerce Practices and Shopper Safety Regulation (UTPCPL).  In dismiss the UTPCPL declare, the courtroom noticed:

“The insurance coverage unhealthy religion statute applies to post-contract formation conduct. The UTPCPL, then again, applies to conduct surrounding the insurer’s pre-formation conduct. The UTPCPL applies to the sale of an insurance coverage coverage. It doesn’t apply to the dealing with of insurance coverage claims.”

Date of Resolution: April 28, 2022

Holovich v. Progressive Specialty Ins. Co., No. CV 22-1107, 2022 WL 1265535 (E.D. Pa. Apr. 28, 2022)

 

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