Friday, June 12, 2015

Trend of Denying Motions to Stay Bad Faith Discovery in Post-Koken Matters Continues in Luzerne County (But Not Necessarily Elsewhere)

In a recent Order without Opinion issued on June 3, 2015, in the case of Pelton  v. Allstate Fire & Casualty Insurance Company, No. 2015-CV-1507 (C.P. Luz. Co. June 3, 2015 Pierantoni, J.), Judge Fred A. Pierantoni of the Luzerne County Court of Common Pleas denied a Motion to Stay Discovery in a Plaintiff’s bad faith claim in a matter where the Plaintiff had already agreed to a severance of the bad faith claim from the post-Koken UIM claims.  

Anyone wishing to secure a copy of this Order may contact me at
While the trend in Luzerne County continues to be a denial of motions to stay bad faith discovery in Post-Koken matters, across the rest of the Commonwealth there appears to be an almost equal split of authority in those few county court decisions from various counties in terms of trial court rulings on such motions.
Still no appellate authority to date.
For more details in this regard, please go to the Tort Talk blog at and scroll down the right hand column and click on the date noted under the "Post-Koken Scorecard" title.

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