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Pennsylvania Superior Court Says Forum Shopping Not Per Se Improper In Insurance Case

Attached is the link to the Pennsylvania Superior Court case from May 19, 2009 in  Walls v. The Phoenix Insurance Company.

This is an insurance case dealing with the denial of a property damage claim for a property in Monroe County. The insured filed a lawsuit in Philadelphia County where the insurance company was properly subject to venue. However, the case was transferred for forum non conveniens and the insured appealed.

The Superior Court decision holds that the reasons cited by the trial judge to move the case were not good enough to transfer the case as a matter of law and the insurance company failed to meet its burden to show that the choice of forum was oppressive and vexatious. Importantly, the decision observes in footnote 5 that the law in Pennsylvania does not prohibit forum shopping per se since their may be valid reasons to forum shop (i.e. case closer to office of counsel or closer to a transportation center).

Scott B. Cooper

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Schmidt Kramer – Pennsylvania injury lawyers