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Scott Cooper
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Court Decides Motions In Limine In Underinsured Motorist Trial

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In Schwendinger-Roy v. State Farm Mut. Auto. Ins. Co., No. 11-445 (W.D. Pa. July 10, 2012) the federal court for the Western District of Pennsylvania resolves several motions in limine in a Post-Koken underinsured motorist (UIM) case which is set for trial. The case is a straight UIM case and does not involve a third party since that case settled. There appears to have been an offer made by the insurance company on the UIM claim.

The Court DENIES the insurance company request to preclude that it be identified at the trial. The Court finds that the insurance company will be identified in the case and to do so does NOT violate Federal Rule of Evidence 411. The Court GRANTS the insurance company Motions in Limine to: (1) preclude evidence regarding the amount of the policy's UIM limits, (2) preclude the introduction of the tortfeasor's settlement amount (the Court notes it was not asked to and has not ruled on the admissibility of the EXISTENCE of the third party settlement) and (3) precludes any evidence that the insurance company "breached" the insurance contract or the amount of the offer by the insurance company since the case does not involve a claim for bad faith.

For a copy of the Order feel free to contact Scott Cooper at Schmidt Kramer at scooper@schmidtkramer.com of 1-800-232-6301.