Monday, February 24, 2014

Judge Mannion Follows Federal Middle District Rule in Favor of Consolidation of Post-Koken UIM/Bad Faith Claims

In his February 21, 2014 Memorandum and Order issued in the Post-Koken case of Griffiths v. Allstate Ins. Co., No. 3:13 - CV - 02674  (M.D. Pa. Feb. 21, 2014 Mannion, J.), Middle District of Pennsylvania Federal Court Judge Malachy E. Mannion issued a detailed Opinion outlining his rationale for following the majority rule in the Middle District in favor of denying Motions to Sever bad faith claims from the breach of contract claim for UIM benefits. 

Judge Mannion reviewed the issue under the bifurcation rules and factors set forth in Fed.R.C.P. 42(b) to find that it would be more efficient to keep the claims consolidated.  The court also noted that precautions could be implemented by the court in discovery and at trial to address any issues that may arise by virtue of the litigation of such claims in conjunction with one another.

Anyone wishing to review Judge Mannion's Memorandum and Order in the Griffiths case may click this LINK.

The Post-Koken Scorecard on the Tort Talk blog (go to and scroll down the right side for the link to the Scorecard) has been updated with this synopsis.

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