In last month’s column, I reviewed the ongoing struggles of trial court judges from across the state in weathering the onslaught of “Hurricane Koken” and the novel issue of whether third party liability claims and the UM/UIM claims should be allowed to proceed in a consolidated fashion. With this article, I address those post-Koken cases that involve bad faith claims.
Since the publication of last month’s column, however, at least two more trial court decisions on the issue were handed down — one in favor of severance and one in favor of consolidation of post-Koken claims. The statewide numbers now stand at 22 trial court decisions in favor of consolidation and 18 in favor of the severance of claims.
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