Defense prevails in UIM/bad faith/UTPCPL case.
A Philadelphia County jury returned a defense verdict on the UIM claim, causing the plaintiff to withdraw her bad faith and UTPCPL claims, in a case where she had alleged permanent injury and facial scarring as a result of a pedestrian/motor vehicle accident. The jury found the plaintiff 20% comparatively negligent, awarded her ‘0’ damages for emotional distress and scarring/disfigurement, $10,000 for pain and suffering, and $5,000 for loss of life’s pleasures. The $15,000 total was well under the applicable bodily injury limits/credit of $100,000—leading to the entry of the defense verdict. Then, facing a defense motion for directed verdict on the bad faith/UTPCPL claim, the plaintiff withdrew her remaining extra-contractual claims.