Wednesday, June 2, 2010

More Post-Koken Decisions Out of Philadelphia County

I have been made aware of other Philadelphia County Court of Common Pleas Post-Koken decisions.

On May 10, 2010, Judge Allan L. Tereshko issued a severance Order in the Post-Koken case of Thomas v. Titan Auto Ins., Nationwide Ins, Jones, and Briel, March Term 2010, No. 03050 (Phila. Co. May 10, 2010 Tereshko, J).

The Court severed the third party liability claim filed against an owner and operator of a vehicle, which vehicle was reported stolen after the accident, from the uninsured (UM) motorist claim against one of the carrier defendants.

Judge Tereshko not only severed the matters from each other but also transferred both claims to Montgomery County. Although the Court's Order does not specify the reason for the transfer, I assume that there was a venue clause in the carrier's policy that supported the transfer.

I thank Attorney Kristin Voiro from the Philadelphia law firm of Rodden and Rodden for bringing this case to my attention.

Anyone desiring a copy of this Order may contact me at dancummins@comcast.net.


I was also advised of another recent Post-Koken case out of Philadelphia County entitled Celia v. McQueeny. I do not have a copy of this decision but will try to secure one. I do not have the date of the decision, the identity of the Judge, or the docket number. What follows is the information I was provided on this decision.

Celia involved a motor vehicle accident that occurred in Bucks County accident with all parties in the accident also being from Bucks County. Nevertheless, the Plaintiff filed suit in Philadelphia County against the tortfeasor, the first layer UIM carrier, and the second layer UIM carrier.

The first layer UIM insurance policy had a forum selection clause that required suit to be brought in the county of the insured's residence. The second layer UIM insurance policy did not have a forum selection clause.

The tortfeasor defendant filed preliminary objections to sever the claims and transfer the case. The insurance carrier with the policy with the forum selection clause also filed preliminary objections.

The Philadelphia County Court of Common Pleas issued at least an Order in Celia v. McQueeny under which the Court did not sever the claims but did transfer the consolidated case over to Bucks County.

Again, I do not have a copy of this decision but will try to secure a copy. I respectfully request a copy from anyone who may have the case.

I thank Attorney Frank Baer from the Media, PA law firm of Gibley and McWilliams for bringing this case to my attention.

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