Superior Court 6/24/08 - STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. WARE’S VAN STORAGE AND WILSON RODRIGUEZ

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. WARE’S VAN STORAGE AND WILSON RODRIGUEZ
No. 1515 WDA 2007 2008 PA Super 134 Atlantic: n/a Filed: 6/24/2008
Appeal from the Order entered in the Court of Common Pleas of Allegheny County, Civil Division, No(s): AR-07-004837
Before: BENDER, GANTMAN and TAMILIA, JJ.
Opinion by: BENDER, J.
State Farm Mutual Automobile Insurance Company (State Farm) appeals from the trial court’s order sustaining preliminary objections in the nature of a demurrer filed by Ware’s Van Storage (Ware’s) and Wilson Rodriguez. State Farm contends that the trial court erred in concluding that commencement of a prior personal injury action by State Farm’s insured improperly split the applicable cause of action and mandated waiver of State Farms subrogated property damage claim pursuant to Pa.R.C.P. 1020(d). We conclude that waiver pursuant to Rule 1020(d) properly cannot be imposed under the circumstances of this case. Accordingly, we reverse the trial court’s order granting Ware’s demurrer and reinstate State Farm’s complaint.

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