Wednesday, May 24, 2017

Tort Talk Post-Koken Scorecard Updated With Recently Discovered Additional Decisions

Cooper v. MetLife Auto & Home, No. 13-CV-687 (W.D. Pa. Aug. 6, 2013 Conti, J.) (Court denied Defendant’s Motion to Bifurcate the Plaintiff’s bad faith claim from the UIM breach of contract claim after finding that the potential prejudice presented by the situation does not outweigh the interests of judicial economy).  Click HERE to view this decision online.


Consugar v. Nationwide Ins. Co., No. 3:10-cv-2084, 2011 WL 2360208 (M.D. Pa. 2011 Munley, J.) (Court denied Defendant’s Motion to Bifurcate because Plaintiff’s bad faith and UIM claims were based on the same facts and evidence).  Westlaw citation provided.

Yellowbird Bus Co. v. Lexington Ins. Co., Civ. No. 09-5835, 2010 WL 2766987 (E.D. Pa. July 12, 2010) (Court denied Motion to Bifurcate because discovery with respect to the Plaintiffs’ bad faith and UIM claims would substantially overlap).   Westlaw citation provided.


Steele v. Erie Insurance Exchange, No. 4005-2016 (C.P. Westmoreland Co. Dec. 9, 2016)(Court grants Motion to Sever and Stay Bad Faith Claim in Post-Koken matter;  Court also orders that the defendant carrier's Motion for a Protective Order was granted such that all bad faith discovery was stayed until the resolution of the UIM claim).  Click HERE to view this decision online.


Butts v. Erie Ins., No. 10036-2016 (C.P. Beaver Sept. 8, 2016 Kunselman, J.)(When the defendant moved to sever the UIM and bad faith cases and to stay all bad faith discovery, the plaintiff agreed to voluntarily stay bad faith discovery but objected to the severance request arguing that bifurcation was the proper procedural option to avoid alleged prejudice.  The trial court held that, going forward, bifurcation would be the preferred procedure for handling UIM and bad faith cases in Beaver County.).  Click HERE to view this decision online.


Ainsley v. Erie Ins. Exch., No. 1876 of 2014 (C.P. Westmoreland June 2, 2015 Regoli, J.)(Court granted UIM carrier's motion to sever and stay bad faith claim for purposes of discovery and trial. Court specified that bad faith claim was severed and stayed pending resolution of UIM claim).


These decisions have been added to the updated Tort Talk Post-Koken Scorecard, which can always be freely accessed by going to www.TortTalk.com and scrolling down the right hand column to "Post-Koken Scorecard" and clicking on the date thereunder.  In the meantime, here is a quick LINK to the Scorecard.




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