Monday, January 4, 2010

Re-argument Denied by Superior Court in Post-Koken Forum Selection Clause Case

I received word from one of the amicus defense attorneys involved in the case of O'Hara v. The First Liberty Ins. Corp. d/b/a Liberty Mut. Ins. Group, 2009 WL 3720649, 2009 Pa.Super. 214 (November 9, 2009, Judges Freedberg, Cleland and Kelly) that the Superior Court issued an Order on December 30, 2009 denying the O'Hara's request for re-argument before an en banc panel.

You may recall that O'Hara was a post-Koken case in which the Superior Court upheld UIM carrier's forum selection clause requiring UIM lawsuit to be brought in the county of the insured's legal domicile at the time of the accident.

Thanks to Attorney Tom McDonnell of the Pittsburgh office of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel for bringing this Order to my attention.

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