Sunday, April 10, 2011

Post-Koken Decision Out of Warren/Forest Counties in Favor of Severance of UIM/Bad Faith Claims

On April 6, 2011, Judge Gregory Hammond of the 37th Judicial District in Pennsylvania (Warren and Forest Counties combined) issued an Order in the post-Koken case of Burr v. Erie Ins. Exchange, No. 008-Civil-2011/Forest County Branch (Warren and Forest Co., April 6, 2011, Hammond, J.), in which he ruled that a combined UIM and Bad Faith lawsuit would be severed and that the discovery and trial in the Bad Faith aspect of the case could only occur after the resolution of the UIM case by verdict or settlement.

According to a review of the Post-Koken Scorecard, which you can always view by scrolling down the right hand column of this blog and clicking on the date noted under "Post-Koken Scorecard,"  Judge Hammond's ruling is consistent with the majority rule in this Commonwealth (8 counties in favor of severance of UIM and Bad Faith claims [counting this decision as covering 2 counties] and 4 counties in favor of consolidation).

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

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