Monday, July 18, 2022

Chester County Trial Court Grants Motion to Bifurcate and Stay a Bad Faith Claim

In the case of Windon Country Homes Condo. Ass’n, Inc. v. The Netherlands Ins. Co., No. 2021-01545-MJ (C.P. Chester Co. March 14, 2022 Sommer, J.), the court issued a detailed Order in which it granted a Defendant carrier’s Motion to Sever the Plaintiff’s Breach of Contract Claims from the remaining claims of fraud and bad faith. The court also stayed all discovery in connection with the Plaintiff’s bad faith and common law fraud claims until the resolution of the claim for breach of contract.

In its detailed Order, the court did not appear to provide the facts of the case.

After reviewing Pa. R.C.P. 213(b) regarding the standards for severance of claims, the court considered the case to one where bifurcation was appropriate. In this regard, the court noted that, if the carrier prevailed on the breach of contract claim, discovery on the remaining issues would not be required.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (July 12, 2022).

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