Wednesday, January 16, 2019

Split of Authority on Severing Bad Faith Claims in Allegheny County Post-Koken Matters Continues

In the case of Stoots v. Mutual Benefit Ins. Co., No. GD 16-024731 (C.P. Allegh. Co. Dec. 7, 2018 Colville, J.), the court granted a carrier's Motion to Sever and Stay the Bad Faith portion of this Post-Koken matter by Order only.

This Order can be viewed HERE.

As such, a split of authority in Allegheny County continues on this particular issue.  The split authority also continues all across the Commonwealth in the continuing absence of appellate guidance on whether bad faith claims should be severed and stayed in Post-Koken matters until the underlying UIM or UM claim is resolved first. 

According to the cases listed in the Post-Koken Scorecard on www.TortTalk.com, a vast majority of the county courts have ruled in favor of severing the bad faith claims.  The Scorecard can be accessed by going to Tort Talk and scrolling down the right hand column til you see "Post-Koken Scorecard."  Click on the date under that title and you will be taken by Link to the Scorecard.  Here's a quick LINK to the Scorecard for your easy reference.

I send thanks to Attorney Aaron H. Weiss of the Pittsburgh law firm of Zimmer Kunz, PLLC for bringing this decision to my attention.


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