Over the past year, there continued to be a growing split in the road of authority in the trial courts across the commonwealth in terms of whether post- Koken lawsuits, involving negligence claims against the third party tortfeasor and contract claims against the UIM carrier, should be allowed to proceed in a consolidated fashion or not.
Currently, there are at least 15 county courts of common pleas in favor of the consolidation of cases and at least 16 county trial courts in favor of the severance of post- Koken claims. To date, there still has not been any case that has gone up and provided appellate guidance on how to handle this issue.
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