Tuesday, May 4, 2010

Pennsylvania Supreme Court Denies Appeal in O'Hara v. Liberty Mutual

The Tort Talk faithful may recall that one of the post-Koken cases being followed on this blog is O'Hara v. The First Liberty Ins. Corp. d/b/a Liberty Mut. Ins. Group, 984 A.2d 938 (November 9, 2009, Judges Freedberg, Cleland and Kelly) in which the Superior Court upheld the UIM carrier's forum selection clause requiring a post-Koken UIM lawsuit to be brought in the county of the insured's legal domicile at the time of the accident.

I have just been tipped off that the Pennsylvania Supreme Court has issued a one line Order denying the Plaintiff's appeal from the Superior Court's decision. See O'Hara v. The First Liberty Ins. Corp., 2010 WL 1752268, 39 EAL 2010 (May 4, 2010).

As such the Superior Court's holdings that, (1) the Liberty Mutual forum selection clause was clear and unambiguous and (2)that such clauses are not unenforceable as a matter of public policy, remains the law of the land in Pennsylvania.

I have a copy of the order if anyone wants it, but again, it is only a one line Order simply denying the appeal. I can be reached at dancummins@comcast.net.

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

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