Superior Court - BARBARA J. GUNN v. THE AUTOMOBILE INSURANCE COMPANY OF HARTFORD, CONNECTICUT

BARBARA J. GUNN v. THE AUTOMOBILE INSURANCE COMPANY OF HARTFORD, CONNECTICUT No. 1345 WDA 2008 2009 PA Super 70 Atlantic: n/a Filed: 4/15/2009
	Appeal from the Order entered July 25, 2008, in the Court of Common Pleas of Allegheny County, Pennsylvania Civil at No. GD-07-002888
Before: FORD ELLIOTT, P.J., LALLY-GREEN, and ALLEN, JJ.
Opinion by: ALLEN, J.
Dissenting Opinion by: LALLY-GREEN, J.
Appellant, the Automobile Insurance Company of Hartford, Connecticut (“Appellant”) appeals from the judgment entered in favor of Appellee, Barbara Gunn (“Gunn”) following the trial court’s denial of Appellant’s motion to sever and stay a statutory bad faith claim. The instant matter arises out of a two-count complaint filed by Gunn against Appellant. Gunn’s first count is a breach of contract claim (“UIM claim”) against Appellant, her insurance carrier, for failure to pay underinsurance motorist (UIM) benefits. The second count is a bad faith claim alleging that Appellant failed to act on Gunn’s claim for underinsured motorist benefits in good faith, in violation of 42 Pa.C.S. § 8371.

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