Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases
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Vehicle and Automobile Accidents

    4/7/2009
    James R. Carroll, Jr., Esquire
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    Pa. Superior Court Allows UIM And Bad Faith To Proceed At Same Time

    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.

    Thanks to Attorney Scott Cooper for this information. 

    Labels: bad faith judge lawsuit motor vehicle accident pennsylvania superior court section 8371 uim Underinsurance


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