Legal Opinion

Kelly v. Progressive Advanced Insurance

District Court, E.D. Pennsylvania

Decided February 4, 2016No. CIVIL ACTION NO. 15-4457PublishedCited by 25 opinions

1Opinion of the Court

*563MEMORANDUM OPINION

Savage, District Judge

Plaintiffs Jeffrey and Amiee Kelly brought this action against defendant Progressive Advanced Insurance Company, their automobile insurance carrier, for failure to pay underinsured motorist benefits. They assert three causes of action: (1) breach of contract; (2) insurance bad faith under the Pennsylvania bad faith statute, 42 Pa.C.S. § 8371; and (3) violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”), 73 P.S. § 201-1 et seq. Progressive has moved to dismiss the statutory claims, arguing that the Kellys have…

2Cases cited14 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Erickson v. PardusSupreme Court of the United States · 2007
  4. Terletsky v. Prudential Property & Casualty InsuranceSuperior Court of Pennsylvania · 1994
  5. Dona W. Horowitz, Individually and as Co-Executrix of the Estate of Leonard N. Horowitz, Deceased Alfred Camner, Co-Executor of the Estate of Leonard N. Horowitz, Deceased v. Federal Kemper Life Assurance Company, in No. 94-1900. Dona W. Horowitz, Individually and as Co-Executrix of the Estate of Leonard N. Horowitz, Deceased Alfred Camner, Co-Executor of the Estate of Leonard N. Horowitz, Deceased, in No. 94-1901 v. Federal Kemper Life Assurance CompanyCourt of Appeals for the Third Circuit · 1995

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3Cited by25 opinions

  1. Davis v. Nationwide Mutual Insurance Co.District Court, E.D. Pennsylvania · 2017
  2. BOOKER v. USAA GENERAL INDEMNITY COMPANYDistrict Court, E.D. Pennsylvania · 2022
  3. BUSSIE v. AMERICAN SECURITY INSURANCE COMPANYDistrict Court, E.D. Pennsylvania · 2021
  4. CARR v. TRAVELERS HOME AND MARINE INSURANCE COMPANYDistrict Court, E.D. Pennsylvania · 2023
  5. COOPER v. LIBERTY MUTUAL GENERAL INSURANCE COMPANYDistrict Court, E.D. Pennsylvania · 2022

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