Tuesday, February 2, 2010

Petition Filed to Appeal Post-Koken Forum Selection Clause Case Up to Pennsylvania Supreme Court

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 Plaintiff filed a Petition for Allowance of Appeal with the Supreme Court on January 26, 2010. It remains to be seen whether the Court will accept this appeal.

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 development to my attention.

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