Monday, March 16, 2020

Motion to Sever and Stay Post-Koken Bad Faith Claim Granted in Lancaster County

In the Post-Koken case of Amway v. Agency Ins. Co., No. CI-19-10224 (C.P. Lanc. Co. March 11, 2020 Brown, J.), the Court granted a carrier's Motion to Sever and Stay a Plaintiff's bad faith claim from a companion breach of contract claim.  The decision is by way of an Order with detailed footnotes providing insight into the Court's rationale.

The Court in Amway noted that the Motion to Sever and Stay the bad faith claim was granted, in part, because the Plaintiff did not offer any authority in opposition to the carrier's motion.  In granting the Motion, the Court also noted that the carrier was asserting that its Motion should be granted to, in part, avoid prejudice to the carrier Defendant and to promote the interests of judicial economy.

Anyone wishing to review the Lancaster County Court's decision in the Amway case may click this LINK.

I send thanks to Attorney John W. Croumer of the Lancaster office of the Post & Schell law firm for bringing this decision to my attention.

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