Monday, September 21, 2020

Post-Koken Decision Out of Philadelphia County in Favor of Consolidation of Claims


In the case of Little v. Bond and GEICO, June Term 2020, No. 1539 (C.P. Phila. Co. Sept. 8, 2020 New, J.), Judge Arnold L. New of the Philadelphia County Court of Common Pleas denied a UIM carrier's Preliminary Objections seeking to sever the third party negligence claims from the UIM claims under an improper joinder argument.  This decision is by Order only and no Opinion.

Please click this LINK to view the Order.

I send thanks to Attorney John Trotman of the Philadelphia law firm of Silverman, Trotman & Schneider for bringing this decision to my attention.

This is the latest Post-Koken decision seen out of Philadelphia County on this issue, where there is a split of authority amongst the trial court judges within that County on how to address that issue.

There also remains a split of authority across the Commonwealth with at least 24 Counties in favor of keeping these cases consolidated and 24 Counties ruling in favor of severance (in matters not also involving companion bad faith claims).

To date, there has been no appellate decision on this issue.

For more details, check out the Post-Koken Scorecard on www.TortTalk.com.  You can find the Scorecard on the blog by scrolling down the right hand column of the blog until you find "Post-Koken Scorecard."  Click on the date under that title and you will be taken to the Scorecard where you will find a compilation of Post-Koken cases broken down first by issue and then by Federal and County Courts in terms of decisions handed down.

I have been keeping the Scorecard updated since December of 2009.  I don't represent the Scorecard to be a complete listing of Post-Koken decisions since that time but it is comprehensive.

Hoping you can please copy me on any Post-Koken decisions you may generate or see in order that the Post-Koken Scorecard can be continually updated for the benefit of all.

Thanks for reading Tort Talk.


No comments:

Post a Comment