Venue of UIM Case Transferred Due To Terms of Forum Selection Clause in Policy

In the case of Winner v. Progressive Adv. Ins. Co., March Term, 2023, No. 1654 (C.P. Phila. Co. Nov. 15, 2024 Bright, J.), the trial court issued a Rule 1925 Opinion addressed to the Pennsylvania Superior Court relative to an appeal when trial court decisions in response to a Motion to Transfer UIM and Bad Claims from Philadelphia County to Chester County.

In its Opinion, the trial court asserted that it did not commit error in transferring the UIM and bad faith claims from the Philadelphia County Court of Common Pleas to the Chester County Court of Common Pleas based upon an unambiguous forum selection clause contained in the automobile insurance policy at issue.

The trial court also asserted that it did not err in deciding the Preliminary Objections at issue without ruling on discovery motions which, according to the trial court, had become moot.

The trial court also requested that the Unfair Trade Practices and Consumer Protection Law Claim be remanded to the trial court for further consideration.

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


Source: The Legal Intelligencer Common Pleas Case Alert, www.Law.com (Jan. 23, 2025).