Words Matter: Shielding Against UTPCPL Claims With Subjective Verbiage
The United States District Court for the Western District of Pennsylvania recently examined insurance procurement advertising in the context of an Unfair Trade Practices and Consumer Protection Law claim in Nelson v. State Farm Fire & Casualty Company, 665 F.Supp.3d 709 (W.D. Pa. March 28, 2023). In Nelson, which generally asserted coverage related claims against the plaintiff’s insurer for denying coverage for property damage loss, the plaintiff asserted that she relied upon her insurance agent’s claims that State Farm “would take great care of her” in the event of a claim, and on State Farm’s advertising, “like a good neighbor, [...]