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ARTICLE · 23 JULY 2021

No Obligation To Pay "Undisputed Amount"

The Eastern District of Pennsylvania recently denied an insured's motion for summary judgment after finding that an insurer did not concede liability and causation by averring in a related subrogation action that the insured was not at fault for the accident in which the insured was injured.

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The Eastern District of Pennsylvania recently denied an insured's motion for summary judgment after finding that an insurer did not concede liability and causation by averring in a related subrogation action that the insured was not at fault for the accident in which the insured was injured. Additionally, the Court found that an insurer is not obliged to make an advanced partial payment to an insured on a UIM claim. See Marrone v. GEICO Ins. Co., 2021 WL 2681388 (E.D. Pa. Jun. 29, 2021).

In Marrone, the insured was operating a motorcycle when he was struck by an automobile and injured. The insured subsequently sued his insurer for breach of contract and bad faith to recover first-party benefits. The insurer took the position that the insured was at fault for the accident.

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