Post-Koken motor vehicle lawsuits, which combine third party claims against the tortfeasor with underinsured motorist claims against a plaintiff’s own carrier, all under one caption, continue to evolve with each new trial court decision.
In a previous column, I labeled this approaching storm of cases involving novel issues as “Hurricane Koken.” That term is holding true and the storm is gathering steam as it blows through each of the state’s county court systems with no comprehensive appellate court forecast in sight to help guide the members of the civil litigation bar. At least not in the near future, anyway.
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