Fred M. Valz, III and Jena G. Emory recently won a motion for judgment on the pleadings in an improper bad faith case against a UM carrier.  In that case, Plaintiffs’ counsel attempted to bring claims for breach of contract, bad faith under multiple statutes, attorney’s fees under various statutes, punitive damages, and abusive litigation against a UM carrier in the original tort suit.  When the UM carrier elected to defend in the name of the defendant, Plaintiffs’ counsel moved for entry of default judgment against the UM carrier on all direct claims against it.  Valz and Emory filed a response to Plaintiffs’ motion for default judgment and filed a motion for judgment on the pleadings on all direct claims against the UM carrier claiming that bad faith was Plaintiffs’ exclusive remedy, and any bad faith claim is untimely in the original tort suit.  After hearing arguments on both motions, the court granted the UM carrier’s motion for judgment on the pleadings on all direct claims against the UM carrier and denied Plaintiffs’ motion for default judgment.