On April 6, 2009, in the case of Gunn v. The Automobile Insurance Company of Hartford, a 3 judge 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) and bad faith claim under Section 8371 to proceed simulatenously.
The decision of the majority (Judges 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. Frank Murphy wrote the Amicus for PaAJ and Gunn is represented by PaAJ members Cindy Danel and Ken Nolan.