Monday, June 29, 2015

Motion to Sever Post-Koken UIM/Bad Faith Claims Denied in Philadelphia County Case

In the case of Kiszlo v. Erie Insurance Exchange, No. 2355, October Term 2014 (C.P. Phila. Co. March 30, 2015 Rau, J.), the court denied the UIM carrier’s Motion to Sever the UIM and bad faith claims.

In her Order, Judge Rau provided that “[t]he same judge who presides over the UIM trial will also decide the bad faith claim immediately after the UIM jury trial.   Any evidence that is not relevant to the UIM claim but that is relevant to the bad faith claim may be presented to the judge following the UIM claim.   In all other respects, the claims will be proceed on a parallel track.”  

Anyone desiring a copy of this decision may click this LINK

 I send thanks to Attorney Jay Fulmer in Philadelphia for providing me with a copy of this decision.   



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