Thursday, April 16, 2020

Motion To Have Household Exclusion Issue Certified For Appeal in Federal Court Denied

James A. Byrne U.S. Federal Courthouse in Philadelphia
Tort Talkers may recall the case of Stockdale v. Allstate, No. 19-845 (E.D. Pa. April 8, 2020 Beetlestone, J.), in which an Eastern Federal District Court Judge upheld and applied the Gallagher v. GEICO decision by the Pennyslvania Supreme Court pertaining to the Household Exclusion.  Most courts, but not all, consider the Gallagher v. GEICO decision as having eradicated the Household Exclusion in all factual scenarios.

As an update to the Stockdale case it is noted that Judge Beetlestone issued another decision in that case, this one denying the carrier's Motion under F.R.C.P. 54(b) to have the Gallagher v. GEICO Household Exclusion issue certified to go up to the Third Circuit for appellate review.

The denial allows the effort by the plaintiff to proceed on a class action on behalf of insureds who had their claims previously denied under the Household Exclusion to go forward.

The decision is also notable for the Courts analysis under F.R.C.P. 54 in terms of attempting to have issues certified to be a final judgment worthy of an interlocutory appeal in the Federal Court system.

Anyone wishing to review the Court's Opinion may click this LINK.  The companion Order denying the Motion can be viewed HERE.

I send thanks to Attorney Scott Cooper of the Harrisburg, PA office of Schmidt Kramer for bringing this case to my attention.

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