In the case of Levis v. Kilbert, No. 5576-Civil-2019 (C.P. West. Co. May 6, 2022 Hathaway, P.J.), the court issued an Order only in a post-Koken litigation addressing Preliminary Objections in which the court sustained the tortfeasor Defendant’s assertion of a misjoinder of actions in terms of the negligence claim against the tortfeasor and the breach of contract UIM claim against the carrier and ordered that the claims be severed into two (2) separate lawsuits.
I send thanks to Attorney Diana M. O’Connell of the Pittsburgh, PA law firm of Robb Leonard Mulvihill, LLP for brining this case to my attention.
According to the Tort Talk Post-Koken Scorecard that makes at least 25 County Courts in favor of the severance of Post-Koken claims and at least 24 County Courts in favor of the consolidation of Post-Koken cases.
We continue to await for appellate guidance on this issue.
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