Tuesday, February 23, 2021

Eastern Federal District Magistrate Judge Bifurcates and Stays Bad Faith Claim in Post-Koken Case

In the case of Gramaglia-Parent v. Travelers Home & Marine Ins. Co., No. 20-3480 (E.D. Pa. Dec. 22, 2020 Rice, M.J.) (Mem. Op.), the court granted a Motion by the Defendant insurance company to bifurcate the Plaintiff’s breach of contract and bad faith claims regarding coverage for injuries in an automobile accident.

The court additionally found that trying the breach of contract claim first would result in efficiency and judicial economy.

The court additionally stayed any discovery under bad faith claim.

The court reasoned that trying the breach of contract claim before the bad faith claim would narrow the issues to be decided in the bad faith matter.

As stated, the Motion to Bifurcate was granted to further the interests of judicial economy.

Anyone wishing to review a copy of this decision may click this LINK.  The companion Order can be viewed HERE.

Source: “Digest of Recent Opinions.” Pennsylvania Weekly Law (Jan. 12, 2021).

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