Friday, June 5, 2020

Spit of Authority on Motions to Sever Post-Koken Matters Continues in Philadelphia County (And Across the Commonwealth)



In the case of Gaghan v. Killion and Encompass Ins. Co., Jan. Term 2020, No. 02905 (C.P. Phila. Co. May 27, 2020 New, J.), the Court denied a UIM carrier's Motion to Sever a Plaintiff's Tort case from the UIM case in an Order only.

This decision continues the split of authority on this issue across the Commonwealth of Pennsylvania as well as within several county courts of common pleas, including the split of authority in Philadelphia County.  There is still no appellate authority on this particular issue.

This decision which, again, is by Order only can be viewed at this LINK

This decision will be added to the Post-Koken Scorecard, which can be viewed HERE.

I send thanks to Attorney Dino Privitera of Privitera Law in Philadelphia for bringing this case to my attention.

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