PHILADELPHIA – A Utica Mutual Insurance Company policyholder, a partner in a Norristown law firm, alleges the insurance company did not follow through on providing the financial benefits of the policy, when the firm’s office suffered severe damage.
Joseph Feliciani (doing business as “Creedon & Feliciani”) of Norristown filed suit in the Philadelphia County Court of Common Pleas on Oct. 20 versus Utica Mutual Insurance Company, of New Hartford, N.Y.
Utica Mutual issued a policy to the plaintiff for his property in Norristown, and Feliciani says he suffered “direct, physical damage and loss” not in excess of $50,000 due to a peril insured against by that same policy on July 18, the suit says. Meanwhile, the plaintiff says that Utica Mutual has refused to compensate him for his losses without legal justification or cause.
According to Feliciani, the denial of coverage was made without a reasonable basis in fact (basing it upon the assertion that the property loss in question was not a “collapse”), and said denial constituted both a breach of the insurance contract and the defendant acting in bad faith, among other charges.
For counts of breach of contract and bad faith, the plaintiff is seeking damages not in excess of $50,000, plus interest, costs, attorney’s fees and delay damages.
The plaintiff is represented by Jonathan Wheeler in Philadelphia.
Philadelphia County Court of Common Pleas case 171002565
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com