Kenneth Portner of Weber Gallagher Simpson Stapleton Fires & Newby.
Declaratory judgment actions are commonly employed by parties to insurance policies to resolve coverage issues. Because insurance coverage declaratory judgment disputes often involve multiple issues involving the separate but related duties to defend and indemnify questions often arise as to the appealability of trial court orders. The Supreme Court’s recent decision in Pennsylvania Manufacturers’ Association Insurance v. Johnson Matthey, 188 A.3d 396 (Pa. 2018) has helped to clarify the applicable rules.
Pennsylvania appellate courts generally adhere to the “final order” rule. Under this rule, only final orders are subject to appeal as of right, 42 Pa.C.S. Section 742. A final order is one that “disposes of all claims and all parties.” This rule applies the courts’ longstanding policy against piecemeal litigation.
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