Tuesday, April 17, 2012

Post-Koken Severance Decision Out of Venango County

Judge Robert Boyer of the Venango County Court of Common Pleas has issued one of the most recent Post-Koken decisions in favor of severance, and possibly the first one out of Venango County, in the case of Boughner v. Erie Ins. Exchange, No. 1875 - Civil - 2010 (C.P. Venango Co. April 16, 2012 Boyer, J.).

In Boughner, the insured had filed a UIM action with a Count I for contractual benefits and a Count II for Bad Faith damages.

Erie filed a Motion to Sever the Bad Faith claim from the UIM contract claim along with a request for a Stay of discovery on the bad faith count.

Judge Robert Boyer granted the Motion to Sever the Bad Faith Count from the UIM contractual claim and also the Motion to Stay any discovery under the bad faith claim.

I send thanks to the prevailing Attorney, William Wagner, Esquire of the Erie, PA law firm of Marnen Mioduszewski Bordonaro Wagner & Sinnott, LLC, for bringing this decision to my attention.

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

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