If 2009 is any indicator, it will remain a challenging task to stay on top of automobile litigation law and, at times, difficult to predict how the courts will rule on the myriad of issues continually arising in the novel area of post-Koken cases.
For the uninitiated, the state Supreme Court’s landmark decision in Insurance Federation of Pennsylvania v. Koken, 801 A.2d at 624 (Pa. 2005), changed the realm of auto insurance litigation by ending the requirement that claims over uninsured/underinsured motorist coverage be resolved through arbitration.
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