Friday, April 1, 2016

Deposition of a UIM Claims Rep in a Luzerne County Post-Koken Case Allowed

The Luzerne County Court of Common Pleas
 
In his recent March 9, 2016 Order without opinion in the case of Cairl v. Chiogna and Nationwide, No. 2015-CV-08159 (C.P. Luz. Co. March 9, 2016 Burke, J.), Judge Thomas F. Burke, Jr. of the Luzerne County Court of Common Pleas granted a Plaintiff's motion to compel the deposition of a UIM carrier's claims representative in a Post-Koken case.  The court did circumscribe the parameters of the deposition in the Order by noting, for example, that the Plaintiff could not inquire into privileged areas such as the mental impressions, conclusions or opinions of the representative regarding the merit or value of a claim or defense.

Anyone wishing to review a copy of this Order may contact me at dancummins@comcast.net.

I send thanks to Attorney Neil O'Donnell of the O'Donnell Law Offices for bringing this decision to my attention.

Commentary:   This decision of Judge Burke is notable in that Judge Burke had twice previously denied Motions to Compel Depositions of Claims Representatives in context of post-Koken cases by Order only.   See e.g. Garret v. Griffin, No. 17274-Civil-2012 (C.P. Luz. Co. Oct. 4, 2013 Burke, J.); Krzynefski v. Bish, No. 16643-Civil-2012 (C.P. Luz. Co. Oct. 4, 2013 Burke, J.).  

Also, there are other Luzerne County Court of Common Pleas decisions allowing for claims representative depositions in post-Koken matters, including a decision by Judge William H. Amesbury in the case of Paulewicz v. State Farm, No. 10655-Civil-2009 (C.P. Luz. Co. Feb. 1, 2010 Amesbury, J.), as well as the decision of Boyle v. Progressive, No. 8815-Civil-2014 (C.P. Luz. Co. Nov. 3, 2015 Amesbury, J.).  

 

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