Tuesday, March 27, 2012

Post-Koken Decision in Favor of Consolidation Out of Washington County

Another post-Koken case in favor of consolidation of claims has been brought to my attention.  This one was handed down late last year in Washington County.

In the case of Koontz v. Mast, No. 2011-Civil-142 (C.P. Wash. Co. Nov. 21, 2011 Emery, J.), Judge Katherine B. Emery of the Washington County Court of Common Pleas denied a post-Koken Motion to Sever and Preliminary Objections seeking to divide the negligence claims against the tortfeasor from the UIM breach of contract claims against the UIM carrier.

In its Order, the Court noted that these motions were denied “at this stage of the proceedings, discovery….” Accordingly, it appears that the parties would be allowed to revisit the issue at the time of trial.

Anyone desiring a copy of this Washington County Opinion may contact me at dancummins@comcast.net.

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