Davis v. Nationwide Mutual Insurance Co.

MEMORANDUM

STENGEL, District Judge

I. INTRODUCTION

In this diversity action, an injured driver, plaintiff T. Patrick Davis, brings claims *387against his automobile insurer, defendant Nationwide Mutual Insurance Company. He asserts a breach of contract claim and a bad faith claim under Pennsylvania law. The defendant filed a motion to dismiss the bad faith claim pursuant to Federal Rule of Civil Procedure 12(b)(6). I will deny defendant’s motion to dismiss the bad faith claim.

II. BACKGROUND1

Over four years ago, T. Patrick Davis was driving his vehicle on Route 422 in Upper Merion Township,…