Thursday, June 24, 2010

More Post-Koken Cases Uncovered

I attended an CLE seminar put on Wednesday, June 23rd by the Pennsylvania Defense Institute at the Hollywood Casino complex in Harrisburg, Pennsylvania. During an excellent session on a Post-Koken Update presented by Attorney Phillip R. Earnest of the Pittsburgh law firm of Robb Leonard Mulvihill I learned of a few more post-Koken cases out there:

Jenkins v. State Farm, G.D. 07-020234 (Alleh. Co. Sept. 9, 2009 Wettick, J.)(Motion to stay and sever granted in UIM/Bad Faith case).

Marburger v. Erie Ins. Exchange, 2009-Civil-10927 (Butler Co. June 19, 2009, Horan, J.)(Motion to Sever and Stay on behalf of Erie granted; court precluded plaintiffs from conducting any bad faith discovery until further Order of court and permitted severance and stay of plaintiff's bad faith action pending resolution of UIM claim).

I secured a copy of the Jenkins decision from Attorney Earnest and am waiting to see if he can locate a copy of the Marburger decision. Anyone desiring a copy of the Jenkins decision may contact me at

I send thanks to Attorney Phillip R. Earnest for putting on an excellent seminar, making me aware of these other post-Koken cases successfully handled by his office, and for providing me copies of the decisions.

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