Wednesday, March 14, 2012

Dauphin County Trial Court Refuses to Transfer Venue of Post-Koken Case Based On Forum Selection Clause

In the Dauphin County post-Koken case of Werner v. Jamison and Erie Ins.,  2011 CV-3221 (March 7, 2012 Evans, J.), Judge Scott Arthur Evans denied preliminary objections filed by Erie Insurance asserting improper venue.

It was reported that, in this matter, the plaintiffs resided in Elk County and were injured in an accident that occurred in Dauphin County. The tortfeasor defendant resided in Dauphin County.

Erie filed a Motion to Sever and transfer the UIM case to Elk County based on the Forum Selection provision in the Erie Insurance policy. Judge Evan’s one line Order denied Erie’s preliminary objection alleging improper venue.

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

I send thanks to Attorney Scott Cooper of the Harrisburg, PA law firm of Schmidt Kramer and Attorney Paul Oven of the Moosic, PA law office of Dougherty, Leventhal & Price for advising me of this new decision.

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