In Zappile v. Amex Assurance Company, 2007 WL 1651271 (Pa. Super.), the Pennsylvania Superior Court reversed the trial court's judgment entered against the insurer following a bench trial on a bad faith claim made by the insureds.

The bad faith claim arose after the insured was struck by an automobile while walking his dog. The insured settled his injury claim against the tortfeasor for the policy limits, then made a claim against his own automobile insurance policy, for first party benefits which were paid to the limits of coverage. The insured then made a claim for underinsured motorist benefits; the insured had total stacked coverage of $150,000 for three insured vehicles. The insured demanded the policy limits but was offered $32,000. The case went to arbitration and the insured was awarded $95,000.