Strausser v. Merchants Insurance Group

Justia Dockets & Filings Third Circuit Pennsylvania Middle District Strausser v. Merchants Insurance Group

Strausser v. Merchants Insurance Group

Plaintiff:	David W Strausser
Defendant:	Merchants Insurance Group
Case Number:	3:2012cv01551
Filed:	August 9, 2012
Court:	US District Court for the Middle District of Pennsylvania
Office:	Scranton Office
County:	Schuylkill
Presiding Judge:	Richard P. Conaboy
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
April 7, 2014	Filing 26 MEMORANDUM (Order to follow as separate docket entry)Based on the situation thus far presented to this Court, reasonable jurors could conclude that it was unreasonable for the Defendant to refuse to submit the matter to mediation before obtaining a p sychologists records in the context of a claim predicated predominately on physical injuries. (See Doc. 1, 14). Similarly, reasonable jurors could conclude that the Defendant acted unreasonably in relying upon the opinions of an independent medica l examiner who never saw the Plaintiff until some 57 months after the accident in question. Finally, reasonable jurors could conclude that Defendants piecemeal requests for 33 authorizations over a period of more than one year constituted an effort to pressure Plaintiff into accepting a settlement that bore no resemblance to his actual damages. Because the Court concludes that reasonable jurors might find in Plaintiffs favor on the information thus far made available to the Court, the Court wil l deny Defendants Motion for Summary Judgment. To do otherwise, the Court would have to disregard its responsibility to resolve all doubts and draw all reasonable inferences in favor of the non-moving party as required by Conoshenti, supra. This con clusion should not be seen as an indication that the Court thinks it likely that Plaintiff will prevail at trial. As Terletsky, supra, indicates, the Plaintiff will be required to demonstrate Defendants bad faith by a heightened clear and convincing evidentiary standard and the Defendant will have the benefit of that charge at trial. Nevertheless, because the Court finds that there remain material factual issues in dispute here, a jury must be allowed to make the final determination whether the Defendant conducted itself reasonably in its resolution of this claim. An Order consistent with this determination will be filed simultaneously herewith.Signed by Honorable Richard P. Conaboy on 4/7/14. (cc)

Date Filed

Document Text

April 7, 2014

Filing 26 MEMORANDUM (Order to follow as separate docket entry)Based on the situation thus far presented to this Court, reasonable jurors could conclude that it was unreasonable for the Defendant to refuse to submit the matter to mediation before obtaining a p sychologists records in the context of a claim predicated predominately on physical injuries. (See Doc. 1, 14). Similarly, reasonable jurors could conclude that the Defendant acted unreasonably in relying upon the opinions of an independent medica l examiner who never saw the Plaintiff until some 57 months after the accident in question. Finally, reasonable jurors could conclude that Defendants piecemeal requests for 33 authorizations over a period of more than one year constituted an effort to pressure Plaintiff into accepting a settlement that bore no resemblance to his actual damages. Because the Court concludes that reasonable jurors might find in Plaintiffs favor on the information thus far made available to the Court, the Court wil l deny Defendants Motion for Summary Judgment. To do otherwise, the Court would have to disregard its responsibility to resolve all doubts and draw all reasonable inferences in favor of the non-moving party as required by Conoshenti, supra. This con clusion should not be seen as an indication that the Court thinks it likely that Plaintiff will prevail at trial. As Terletsky, supra, indicates, the Plaintiff will be required to demonstrate Defendants bad faith by a heightened clear and convincing evidentiary standard and the Defendant will have the benefit of that charge at trial. Nevertheless, because the Court finds that there remain material factual issues in dispute here, a jury must be allowed to make the final determination whether the Defendant conducted itself reasonably in its resolution of this claim. An Order consistent with this determination will be filed simultaneously herewith.Signed by Honorable Richard P. Conaboy on 4/7/14. (cc)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Pennsylvania Middle District Court's Electronic Court Filings (ECF) System

Search for this case: Strausser v. Merchants Insurance Group
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Merchants Insurance Group
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: David W Strausser
Represented By:	Michael J. Fiorillo
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?