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HomeMy WebLinkAbout98-04405 '" v ~ It '" ~ '" AI l.l ~' ~ ..... ~ ~ '" '.. a: . - ~ ~ , t;o,. v,"," ';J,~~ '. '\ " \ , \ . I . i / /' / ,/ /' -l'~ ~ ~ =' . ~ C::), \a 'c::), ~. ~' ~' ()oo . ~ "A." No other process, pleadings or orders have been served on Allstate. 2. Allstate is a corporation organized under the laws of the State of Illinois, with its principal place of business located in the State of Illinois. 3. plaintiff Sharon L. Griffie is an adult individual and citizen of the Commonwealth of Pennsylvania. 4. The complaint seeks unliquidated damages from Allstate, exclusive of interest and costs, which may exceed the sum or value of $75,000. 5. Accordingly, this action is one over which this Court has jurisdiction pursuant to 28 V.S.C. ~ 1332(a) (1) based upon diversity of citizenship. This action therefore may be removed to this Court pursuant to 28 V.S.C. ~ 1441(a). 6. This Notice of Removal is timely filed under 28 U.S.C. ~ 1446(b) in that this Notice of Removal is filed within thirty days of Allstate's receipt, through service or otherwise, of a copy of the Complaint. Allstate first received a copy of the Complaint on or about August 6, 1998. 8. A copy of this Notice of Removal is being filed with the Clerk of the Court of Common pleas of Cumberland County, Pennsylvania, and served upon all adverse parties in accordance with 28 D.S.C. ~ 1446 (d). I , i i ! I 1 I I I :L,..__.._,...., -2- , t.IJG :7, 19Se 8: 30AM .; I ....: 1';\ ...._..:l' ........ I.... Ho;. 11. I; 112 N), ,ji~j /"'" I ~ , I Complaint 1. The plaintiff, Sharon L. Griffie, is an adult individual residing at 137 Amy Drive, North Middleton Township, Cumberland County, Pennsylvania. 2. The Defendant, Allstate Insurance Company, is a corporation licensed to do business in the Commonwealth of Pennsylvania, with offices located throughout the Commonwealth of Pennsylvania and with a claims office located at 6345 Flank Drive, Harrisburg, Dauphin County, Pennsylvania. 3. On September 6, 1997, the plaintiff was involved in a motor vehicle accident while driving a motor vehicle insured with defendant Allstate. 4. There was a policy of insurance in effect at the time of the accident, with Allstate Insurance Company bearing policy number 008078701. The contract provided for payment of medical expenses which occurred as a result of a motor vehicle accident. 5. On the date of the aforesaid accident, the plaintiff was injured in a motor vehicle accident which occurred in Cumberland County, Pennsylvania. 6. As a result of that accident the plaintiff was required to undergo medical treatment for her injuries and incurred medical expenses. 7. Allstate wrongfully refused to pay for medical services which were provided to Sharon GrifIie by Dr. Spertzel and Dr. Casses and has failed to comply with the provisions and/or abused the provisions of Act 6 with respect to the PRO process, 8. Allstate did fraudulently, knowingly and intentionally misrepresent and deceive Sharon Griffie and her medical providers with respect to the availability of medical benefit coverage under her policy of insurance. 9. Allstate has frivolously and with no proper foundation for their actions refused to pay proceeds under their policy of insurance and provi~~}]l~.dJ.l;a1~efits in accordance with the terms of the policy. . .... ---'..w... , 10. The bad faith conduct of Allstate gives rise to a cause of action pursuant to 42 Pa. C.S.A. 98371. .'..--.- ----.. . r. ,) AUG, ii, 19~8 8: 36AM AllSfA:E lKS Ho 1. P ,] Ii 112 N0,Ql55 (, j 11. TIle defendant failed to promptly and completely investigate all claims arising under the aforementioned contract of insurance, by reason of the aforesaid incident. '. The defendant did not act in good faith to effectuate prompt, fair and ")" equitable resolution of claims, knowing th'lt Ii'lbility to pay medical bills is clear and cover'lge applies, and as a result, the plaintiff hasJ~efm-' '_, .... .,)orced to incur expense to protect her int~re~ts. , . '... .._.. ....'- ". '-'.~,..-.. .--'.-...-.... . 12. 13. The defendant failed to promptly provide a factually sound explan'ltion for the basis of denial in the insurance policy in relation to the facts or applicable law for denial of the claim. 14. The defe1'!dant has willfully, maliciously and/or recklessly withheld benefits from the plaintiff, due to its failure to investigate the claim thoroughly which constitutes a breach of an implied covenant. 15. The defendant, in bad faith, has denied payment on behalf of its insured without a sound legal basis for its denial and in no t fully inquiring into the possible basis which might support the insured's claim of coverage. ' 16. Allstate has deliberately acted in conscious disregard and with indifference to the rights of their insured. 17. The defendant impliedly and/or expressly warranted that it would, in good faith, provide insurance coverage to Sharon Griffie in accordance with the contract and abide by the terms of said contract. 18, As a result of the aforesaid, the defendant breached its contract and/ or warranty, which breach resulted in loss to the plaintiff, and has impeded her ability to receive medical services, as well as aggravation, inconvenience and emotional distress. i I , 'i t~ j I '-' e:-'. I:, ~ 'Jo, \~'(. 19. The plaintiff hereby requests all remedial relief as provided in 42 Pa. C.S.A. 98371 and payment in full of all past and future reasonable and necessary medical expenses. 20. Allstate has deliberately acted in conscious disregard and with indifference to the rights of their insured. 21. The defendant impliedly and/or expressly warranted that it would, in good faith, provide insurance coverage to Sharon Griffie in accordance with the contract and abide by the terms of said contract. I i I i &2 C) r.: ~, 0 '.J. ~ 8 ,- N LJ.J9 ~~~ <J'.... ..- CJ_'7' l~ "-\:':.1 l:Q ','.~ ~(" \:';~J n., en WU , r~ - -;,;." ,~ _JI. et;..: I_Drn (C'r w... ,1~ n... roO: el':': I.t- m ::5 0 0"\ 0 co Ir: i>.: 7/ :-s f'"' _' U!~~, fe:: tL m o 0"\ " ....,:x:/"': \-'ICI)'" r" ""'y "j, I: .J ." i'-) 1'.[\ -;'/ ,.:' " I.- or- 'a 'c. ' , .. .. 2'''' I \" r; I '.J gg ~?R J . I . '.'J'I\Y , '\ :,...,. ..' 1': .. j '~I"1, CUryl'--'..,.I... ,~,,,\,,"',\,.. "--'I\::\;-~L;:\"" \Je,IIV' ::r ::J ('- ~ ('6 :c: .) o () CY.l 0- t" 'll ~ .,...f"rjp,.--....... >1, ., f l . l,>ih'" It"..':1 ") '/ \. '.. '" .. 't ,>. r-. >- t~-; j--- C:= /:: UJ(? .::J ~.") :~ , ~~~( " ;C"; li~ . C- ~:-.':; ',1_0,- Cll-,'" ' ' -:.J Te. - c..)r.:.: a I/J w~..- N :.'i _J ~ :. c:::. .:1] / LL: DJ t=-:..: 0_ [.1. ..c:: .,. lI_ C" ::.3 0 (;'""l U prdGeedings include all events. 1:98cv1463 Griffie v. Allstate Insurance LETTER from court to cnsl. re: case assignment & procedure. cc: Douglas, Freedenberg & Ct. (tm) SCHEDULING ORDER by Judge William W. Caldwell Case Management Conference set for 9:30 a.m. on 12/3/98. See order for further details. (cc: Ct., Ctrm. Dep., Ctrptr., all counsel) (vg) [Entry date 10/20/98] JOINT CASE MANAGEMENT FORM returned by counsel. (am) [Entry date 11/27/98] MINUTE SHEET of case mgmt. conf. held by Judge William W. Caldwel ; Time commenced 9:30 AM, time terminated 9:40 AM; Attys Douglas, Freedenberg and Stewart present. (ma) [Entry date 12/08/98] Case Management ORDER by JUdge William W. Caldwell ; discovery cutoff 3/15/99 ;pretrial memorandum due 4/1/99; This case is on the standard track. (cc: all counsel, court) (ma) [Entry date 12/08/98] AGREED PROTECTIVE ORDER by Judge William W. Caldwell: See order for details. (cc: all counsel, court and file jacket copy) (ma) [Entry date 12/08/98] ORDER by Judge William W. Caldwell Jury selection will begin at 9:30 a.m. on 6/7/99; Pretrial conference will be held at 9:00 a.m. on 6/3/99 (cc: Ct., Ctrm. Dep., Ctrptr., all counsel) (vg) [Entry date 02/09/99] 10 STIPULATION - filed between counsel to remand action to the Court of Common Pleas of Cumberland County, PA. (am) 9/3/98 9/4/98 9/4/98 9/8/98 3 2 10/19/98 4 11/25/98 5 12/3/98 6 12/3/98 7 12/3/98 8 2/8/99 9 3/26/99 10 3/31/99 3/31/99 1 TERMED PROTO HBG REMAND PETITION FOR REMOVAL from Cumberland Cty Common Pleas Court, Case Number: 98-4405. Copy of Complaint attached. Jury Trial Demanded. N/C to Cnsl. Receipt #: 111 126403 Amt: $150 (vg) [Entry date 09/04/98] REMARK - Copy of cmp. and docket to J. Caldwell. (vg) [Edit date 09/04/98] ANSWER by defendant. C/S. (tm) [Entry date 09/08/98] ORDER - by Judge William W. Caldwell granting stipulation to remanded case to the Court of Common Pleas of Cumberland County, PA. [10-1] remanding case to state court (cc: all counsel, Crt. of Common Pleas of Cumberland Cty., Crt. & Security) (am) [Entry date 03/31/99] REMARK - Case file placed in the Hbg. closed file room. (am) REMARK - Acknowledgement letter sent to Cumberland Cty. Crthse. w/copy of order & docket entries. (am) Docket as of March 31, 1999 9:17 am Page 2 i ! I I '- r-- r-: lr; i'.'": :'5 (.'; .:.t ;~.' tJ,i ) t., , ~, , i'L tJ~. " , ! 2 (' ) , c:. ~..; c) ~~ LLI C-, 'i -', c:: .. ?.: LL.:'. UJ f:. (L I I t.l- '.. - , 1.1.. "', ::.:.> () CI\ 0 ....... /' ! i I I i I I ; I I , I I ':0- ~~ ,.~ ~~ "" . ~i;;' '.1.... :..~ [;:.. lO c.: r== C2 :=~;:f: ....,:, :~':: . ~: =::.J . ".- -,~;~~ ,--/ '.rJ:b ~;\i Q... ::5 (~ "-, Cl '" o- W C/? m <" 1,;" C' ~ '0" '~ -- , .j ~ ..., ..; <=- >- C) E;; 0; J"S: c" (.... N :Co; _ lU:::: S:.2c' :~);', t:-.":J l-L: ~- -' .';:-, '~J. r I. '," (T) (.~:, ~':i} ::.1 aL:~ ,- _h !.l.t'.' N ~rj~ if!,' ~==2 '..hlJ ., , !~!(1- "'" t.,. c'"' ~.~ n ::J ~' 0" 0 2,9\9 -2L.-0.';/# """0"1// '-\: 'sJf'II/(JIj..L "-' u-.. \ ::.... "!> . h d' t3 j '. . .... Complaint 1. The plaintiff, Sharon L. Griffie, is an adult individual residing at 137 Amy Drive, North Middleton Township, Cumberland County, Pennsylvania. 2. The Defendant, Allstate Insurance Company, is a corporation licensed to do business in the Commonwealth of Pennsylvania, with offices located throughout the Commonwealth of Pennsylvania and with a claims office located at 6345 Flank Drive, Harrisburg, Dauphin County, Pennsylvania. 3. On September 6, 1997, the plaintiff was involved in a motor vehicle accident while driving a motor vehicle insured with defendant Allstate. 4. There was a policy of insurance in effect at the time of the accident, with Allstate Insurance Company bearing policy number 008078701. The contract provided for payment of medical expenses which OCcurred as a result of a motor vehicle accident. 5. On the date of the aforesaid accident, the plaintiff was injured in a motor vehicle accident which occurred in Cumberland County, Pennsylvania. 6. As a result of that accident the plaintiff was required to undergo medical treatment for her injuries and incurred medical expenses. 7. Allstate wrongfully refused to pay for medical' services which were provided to Sharon Griffie by Dr. Spertzel and Dr. Casses and has failed to comply with the provisions and/or abused the provisions of Act 6 with respect to the PRO process. 8. Allstate did fraudulently, knowingly and intentionally misrepresent and deceive Sharon Griffie and her medical providers with respect to the availability of medical benefit coverage under her policy of insurance. 9. Allstate has frivolously and with no proper foundation for their actions refused to pay proceeds under their policy of insurance and provide medical benefits in accordance with the terms of the policy. 10. The bad faith conduct of Allstate gives rise to a cause of action pursuant to 42 Pa. C.S.A. S8371. , , L. 11. The defendant failed to promplly and completely investigate all claims arising under the aforementioned contract of insurance, by reason of the aforesaid incident. 12. The defendant did not act in good failh to effectuate prompt, fair and equitable resolution of claims, knowing that liability to pay medical bills is clear and coverage applies, and as a result, the plaintiff has been forced to incur expense to protect her interests. 13. The defendant failed to promptly provide a factually sound explanation for the basis of denial in the insurance policy in relation to the facts or applicable law for denial of the claim. 14. The defendant has willfully, maliciously and/or recklessly withheld benefits from the plaintiff, due to its failure to investigate the claim thoroughly which constitutes a breach of an implied covenant. 15. The defendant, in bad faith, has denied payment on behalf of its insured without a sound legal basis for its denial and in not fully inquiring into the possible basis which might support the insured's claim of coverage. 16. Allstate has deliberately acted in conscious disregard and with indifference to the rights of their insured. 17. The defendant impliedly and/or expressly warranted that it would, in good faith, provide insurance coverage to Sharon Griffie in accordance with the contract and abide by the terms of said contract. 18. As a result of the aforesaid, the defendant breached its contract and/ or warranty, which breach resulted in loss to the plaintiff, and has impeded her ability to receive medical services, as well as aggravation, inconvenience and emotional distress. 19. The plaintiff hereby requests all remedial relief as provided in 42 Pa. c.S.A. 98371 and payment in full of all past and future reasonable and necessary medical expenses. 20. Allstate has deliberately acted in conscious disregard and with, indifference to the rights of their insured. 21. The defendant impliedly and/or expressly warranted that it would, in good faith, provide insurance coverage to Sharon Griffie in accordance with the contract and abide by the terms of said contract.