Tuesday, April 10, 2012

Another Philadelphia Post-Koken Decision in Favor of Severance and on Proper Venue

Another post-Koken decision in favor of severance has been handed down by the Philadelphia County Court of Common Pleas in the case of Lewis v. Fischer and Donegal Mutual Ins. Co., Nos. 11-081103, 11-080580 (C.P. Phila. Co. Oct. 12, 2011 Manfredi, J.).

In this case, Judge William J. Manfredi granted the Defendants’ Preliminary Objections and ordered that the breach of contract claims against the UIM carrier and the negligence claims against the third party tortfeasor be severed.

Judge Manfredi also noted that venue as to any non-insurance Defendant would be transferred to Delaware County given that there was no basis for venue against those Defendants in Philadelphia under Pa. R.C.P. 1006(c)(1).

Judge Manfredi also shipped off the claims against the insurance company Defendant to Chester County based upon the insurance contract form selection clause.

As such, the ultimate result of this order was that the post-Koken case filed in the Philadelphia County Court of Common Pleas was severed and sent elsewhere.

This decision is by order only with a short footnote containing a rationale. Anyone desiring a copy of this Order in the case of Lewis v. Fischer and Donegal may contact me at dancummins@comcast.net.

I send thanks to Attorney Ryan F. Curran of the Curran Firm in Media, Pennsylvania for forwarding this decision to my attention.

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