Pennsylvania Court Rules That Insured Claims Against An Insurer’s Adjuster May Be Possible

In Kennedy, the insured plaintiffs filed bad faith and related claims in Pennsylvania state court against their insurer and three of the insurer’s employee-adjusters, alleging that the adjusters improperly evaluated their UIM claims and engaged in intentional delay, misrepresentation and fraud in the course of processing, investigating and arbitrating their claims. The defendants removed to federal court on the theory that the individual defendants were fraudulently joined because there could be no claims against them individually.