of good faith and fair dealing is implied in insurance contracts where the Pennsylvania Supreme Court has recognized that the “utmost fair dealing should characterize the transactions between an insurance company and the insured.” Dercoli v. Pennsylvania National Mutual Insurance Co., 520 Pa. 471, 554 A.2d 906, 908 (Pa., 1989). Therefore, taking the allegations set forth in the Plaintiffs Complaint as true, this Honorable Court must accept that Defendant failed to adequately investigate Plaintiffs claim and respond in a timely manner. Doc. No. 7 at § III.A. In Pennsylvania, a duty of good (Cappy, J. concurring) (citing Cowden v. Aetna Casualty and Surety Company, 389 Pa. 459, 134 A.2d 223 (1957)); see also Birth Center v. St. Paul Cos., 567 Pa. 386, 787 A.2d 376, 385-86 (Pa.2001) (<HOLDING>) However, Pennsylvania law does not recognize a
holding that insured may recover attorneys fees from insurer where insurer acts in bad faith holding that a party cannot claim damages for breach of contract unless he has shown his full compliance with the contract and is not acting in bad faith holding that insured cannot bring an action against its insurer for bad faith failure to settle a claim in the absence of an excess verdict holding that a common law breach of contract action will lie for the insurers failure to comply with its obligation to act in good faith and with due care in representing the interests of the insured in its failure to settle with a third party holding that in the context a third party case in which the insurer refused to settle a claim on behalf of the insured nothing in d ambrosio bars a party bringing a bad faith action sounding in contract from recovering damages that are otherwise available to parties in contract actions 