Federal Magistrate Judge Recommends Bad Faith Claim Be Dismissed Without Prejudice

Mealey's (November 21, 2018, 2:28 PM EST) -- SCRANTON, Pa. — An insured’s bad faith claim should be dismissed without prejudice, a Pennsylvania federal magistrate judge recommended Nov. 19 after determining that the bad faith claim is preempted by the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) , which provides the exclusive remedy for a denial of first-party medical benefits (Paige Barnard v. Liberty Mutual Insurance Corp., et al., No. 18-1218, M.D. Pa., 2018 U.S. Dist. LEXIS 197852)....