Epstein v. State Farm Insurance

This appeal is from an order sustaining preliminary objections and dismissing the second count of a two count complaint. The first count was in assumpsit alleging a cause of action for overdue benefits under a no-fault motor vehicle insurance policy. The second count was in trespass alleging that appellee’s failure to pay was willful, intentional, reckless and wanton, designed to harass and frustrate appellant.

Our disposition of this case is controlled by Evans v. Government Employees Insurance Company, 291 Pa.Superior Ct. 342, 435 A.2d 1258 (1981):

We have repeatedly held that an order…