Thursday, June 14, 2018

Judge Amesbury of Luzerne County Orders Severance and Stay of Post-Koken Bad Faith Claim


In the post-Koken case of Denisco v. USAA, No. 2248-CV-2018 (C.P. Luz. Co. May 21, 2018 Amesbury, J.), the court granted a UIM carrier’s Motion to Sever and Stay a Plaintiffs’ Bad Faith Claims from the Plaintiffs’ Breach of Contract Claims.  

Judge William H. Amesbury
Luzerne County
The court further ordered that discovery and trial on the breach of contract claims would proceed separately and conclude before the commencement of any discovery with respect to the separate bad faith claims.  

 The court additional ordered that, upon completion or settlement of the breach of contract claims, a scheduling conference would be held to discuss a schedule for discovery, dispositive motions, and trial with respect to the bad faith claims.

Anyone wishing to review a copy of this Court Order without Opinion may click this LINK.

I send thanks to Attorney Lindsay B. Andreuzzi and Attorney Marni Berger of the Philadelphia office of Post & Schell for bringing this Order to my attention.




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