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Superior Court Case Quashing Underinsured Motorist Carrier Appeal Now Published PrecedentAttached is the link to the now published opinion in Gunn v. The Automobile Insurance Company of Hartford where a 3 judge panel of the Superior Court in a 2-1 decision quashed the appeal of an underinsured motorist carrier in a case where the trial court decision by Judge Wettick in Allegheny County allowed an underinsured motorist claim (UIM) and bad faith claim under Section 8371 to proceed simultaneously.
The decision of the majority written by Judge Allen and joined by P.J. Ford-Elliott finds that 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 discretion.
Of note, the case was originally a memorandum decision and no motion to publish was filed. The court docket indicates that the decision to withdraw the opinion and publish was made "after recommendation" and was thus published sua sponte.
http://www.pacourts.us/OpPosting/Superior/out/A03019_09.pdfScott B. Cooper
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