Monday, December 18, 2023

Pennsylvania Supreme Court Reviews Coordination of Actions Rule in Context of COVID-19 Coverage Cases

In the case of HTR Restaurants v. Erie Insurance, No. 21 WAP 2022 (Pa. Dec. 8, 2023) (Op. by Wecht, J.), the Pennsylvania Supreme Court addressed Pa. R.C.P. 213.1, which allows for the coordination of actions pending in different counties that involve a common question of law fact with respect to COVID-19 business interruption coverage cases.

In this matter, the various Plaintiff-businesses that had pursued coverage claims moved for the coordination of all statewide litigation, including potential future filings.

In reviewing Rule 213.1, the Pennsylvania Supreme Court noted that the term “pending” in the rule clearly refers to the coordination of cases that have already been filed and should not be read to include future cases that are imminent or impending and that have not yet been filed.

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

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