On October 24, 2008 the trial court (Thomson, J.) in Lackawanna County denied Preliminary Objections in a post-Koken case which was filed in the Court of Common Pleas of Lackawanna County arising out of a car accident involving an underinsured vehicle/driver.
In Moyer v. Harrigan/Erie Ins, the lawsuit was filed against the other driver in tort and the victim's insurance company in contract for UIM benefits. The trial court denied the Preliminary Objections which sought to separate the claims and writes, "the rights and responsibilities of the parties will be effectively and efficiently fixed by a single action." Further, the court notes "to sever the actions would force two trial on the same issues and with the same proofs. This would be a significant waste of judicial resources for the court and would cause significant delay and expense to the parties."