Thursday, November 19, 2009

Another Post-Koken Case out of Butler County in Favor of Severance

I was made aware of another post-Koken case in favor of severance at yesterday's PBI Auto Law Seminar in Scranton, PA. I thank Attorney John Lenahan for bringing this case to my attention and for providing me with a copy of the opinion.

Before Judge Horan's decision in Baptiste v. Strobel and State Farm in favor of severing UIM claims from third party claims in post-Koken cases, her counterpart on the Butler County Court of Common Pleas, Judge S. Michael Yeager, likewise issued a decision severing the UIM claim from the third party claim in the case of Weichey v. Marten and Allstate, A.D. No. 09-10116 (June 11, 2009). The rationale for that decision was that, generally, evidence of insurance was not admissible in negligence actions.

Judge Horan would later expound on that rationale in much greater detail in her opinion in Baptiste.

I have requested that the Weichey opinion be given a Westlaw citation. In the meantime, anyone desiring a copy of these opinions, please contact me at dancummins@comcast.net.

No comments:

Post a Comment