With no explanation, chose the best option from "A", "B", "C" or "D". will bear the burden of proof at trial. Celotex Corp., 477 U.S. at 322, 106 S.Ct. 2548. Multiple readings of the parties’ briefs and them exhibits make clear that no material fact is in dispute. As such, summary judgment is appropriate. I. Plaintiffs Bad Faith Claim Plaintiff asserts that Defendant acted in bad faith in violation of 42 Pa. Cons.Stat. Ann. § 8371 (2007). To succeed on a bad faith claim, a plaintiff-insured must prove (1) that the insurer did not have a reasonable basis for denying benefits under the policy; and (2) that the insurer knew of or recklessly disregarded its lack of a reasonable basis in denying the claim. Northwestern Mut. Life Ins. Co. v. Babayan, 430 F.3d 121, 137 (3d Cir.2005); Klinger v. State Farm Mut. Auto. Ins. Co., 115 F.3d 230, 233 (3d Cir.1997) (<HOLDING>); Terletsky v. Prudential Prop. & Cas. Ins.

A: recognizing the cause of action
B: recognizing the test set forth in strickland as clearly established law for aedpa purposes
C: recognizing that terletsky established the test for section 8371 causes of action
D: recognizing that discrimination causes injury to the whole community
C.