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Pennsylvania Superior Court Allows Underinsured Motorist Claim And Bad Faith To Proceed At Same TimeOn April 6, 2009 in the Memorandum opinion of Gunn v. The Automobile Insurance Company of Hartford a 3 judge panel panel of the Pennsylvania Superior Court in a 2-1 decision affirms the trial court decision by Judge Wettick in Allegheny County to allow an underinsured motorist claim (UIM) arising out of a Pennsylvania car accident and bad faith claim under Section 8371 to proceed simulatenously.
The decision of the majority P.J. Ford-Elliott and Allen determines that under the facts and circumstances of the case the trial court decision was not an appealable order under Pennsylvania Rule of Appellate Procedure 313. Judge Lally-Green dissents and would find that the decision of the trial court was appealable and would reverse the trial court decision as abusing its discrtetion. For a copy of the decision and dissent feel free to contact Scott Cooper at Schmidt Kramer P. C. at 1-800-232-6301.
Scott B. Cooper
717-232-6300
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