Monday, July 30, 2012

Recent Post-Koken Decisions on Severance vs. Consolidation

I was recently advised of the following post-Koken cases in which the Court addressed the issue of severance vs. consolidation of the third party negligence actions against the defendant driver and the breach of contract UIM claim against the UIM carrier:



Philadelphia County


Parsons v. Hinton and State Farm Insurance Company, No. 02137, August Term, 2010 (C.P. Phila. Co. Dec. 1, 2011, Tereshko, J.) (Court grants tortfeasor Defendants’ Motion to Sever actions filed by Plaintiff against third party tortfeasor and UIM carrier).


Burke v. Burke and State Farm Insurance Company, No. 1875, August Term, 2011 (C.P. Phila. Co. Jan. 27, 2012) (Court denies Motion to Consolidate filed by UIM carrier).


Antrim v. Bullard and State Farm Mutual Automobile Insurance Company, No. 294, June Term, 2011 (C.P. Phila. Co. Oct. 11, 2011, Manfredi, J.) (Court grants tortfeasor Defendants’ Preliminary Objections and severs the claims against the tortfeasor against the claims against the UIM carrier; court also transfers claims against the tortfeasor Defendants to Delaware County as the Plaintiff did not allege any basis for venue in Philadelphia as to the tortfeasor Defendants).  



Luzerne County


Weitoish v. Heck and State Farm Mutual Automobile Insurance Company, No. 13831 OF 2009 (C.P. Luz. Co. July 6, 2012, Amesbury, J.) (Court denies Preliminary Objections of UIM carrier seeking severance of actions against UIM carrier from claims filed against third party tortfeasor).  



Anyone desiring a copy of these decisions may contact me at dancummins@comcast.net.

I send thanks to Attorney Lori Miller of the Philadelphia law firm of Goldberg, Miller & Rubin as well as Attorney Stephen Fendler of the Kingston, PA law firm Fendler & Associates, P.C. for advising me of these decisions.

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