Thursday, December 15, 2016

Split of Authority on Motions to Sever and Stay Post-Koken Bad Faith Claims Continues

In a recent Crawford County Court of Common Pleas decision in the Post-Koken case of Foster v. Erie Ins. Exchange, No. A.D. 2015-218 (C.P. Crawford Nov. 23, 2016 Vardaro, J.), the court issued a detailed Order covering several issues, the most notable of which was the Court's decision to grant the carrier's Motion to Sever the Bad Faith claim from the Breach of Contract claim.

The Court also stayed discovery on the Bad Faith claim pending the resolution of the Breach of Contract claim.  The Court further ruled that the Breach of Contract claim would be tried first followed by the Bad Faith claim.

Anyone wishing to review a copy of this detailed Order in the Foster case may click this LINK.

I send thanks to Attorney William C. Wagner of the Erie, PA law firm of Marnen Mioduszewski Bordonaro Wagner & Sinnott, LLC for bringing this case to my attention.

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