The plaintiffs commenced an action against their automobile insurer alleging breach of contract, entitlement to various statutory accident benefits, and damages for bad faith following a 1999 motor vehicle accident.
They sought payment for a proposed medical assessment, vocational training and educational expenses, the cost of a spinal cord stimulator, and damages arising from alleged improper claims handling.
The court found that the plaintiffs failed to establish entitlement to the claimed benefits because the assessments and treatments were not proven to be reasonably required and several claims were not properly submitted or mediated under the applicable Statutory Accident Benefits Schedule.
The court also held that the insurer’s conduct did not constitute bad faith and did not represent a marked departure from ordinary standards of decency.
The action was dismissed in its entirety.
