Wednesday, May 25, 2011

Update on Wissinger v. Brady Appeal (Post-Koken Proper Venue Case)

You may recall that the case of Wissinger v. Brady was a post-Koken case that went up on appeal when the issue of proper venue of a post-Koken case in a matter in which the UIM carrier’s policy did not have a forum selection clause.

I received an Order dated May 19, 2011 from the Superior Court in the Wissinger v. Brady case, in which the Superior Court granted the Plaintiff’s Motion to Discontinue, Dismiss, and Remand the matter in light of a settlement between the Plaintiff and the third party tortfeasors.  As such, there will be no decision from the Superior Court on this issue in that case.

On a related note, we are still awaiting a decision from the Pennsylvania Superior Court in the case of Sehl v. Neff involving the same issue. I participated in that matter as the writer of the amicus curiae Brief on behalf of the Pennsylvania Defense Institute. I will publicize that decision upon my receipt of the same.

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