Wednesday, May 25, 2011

Another Dauphin County Case in Favor of Consolidation of Post-Koken Claims

I was recently advised of another post-Koken joinder vs. severance decision out of Dauphin County. Under an Order dated May 13, 2011, Judge Deborah E. Curcillo consolidated the Plaintiff’s claims against the tortfeasor with the Plaintiff’s separate claim against the underinsured motorist carrier in the cases of Steele v. Kelly, No. 2009-CV-07007 (Dauphin Co., May 13, 2011, Curcillo, J.) and Steele v. Erie Insurance Exchange, No. 2010-CV-15431 (Dauphin Co., May 13, 2011, Curcillo, J.).

It is noted that there are at least five previous rulings out of Dauphin County permitting joinder where the tortfeasor and UIM cases were filed simultaneously by the Plaintiff. I had been advised that this may be the first case of Dauphin County where the joinder occurred after the cases against the tortfeasor and the UIM carrier were separately filed under separate captions.

I thank Attorney Robert F. Claraval of the Harrisburg, Pennsylvania law firm of Claraval & Claraval for bringing this case to my attention.

Anyone desiring a copy of Judge Curcillo’s May 13, 2011 Orders of court (without Opinion) in the Steele cases may contact me at

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