The Pennsylvania Supreme Court Civil Procedural Rules Committee developed Recommendation 240 which would amend Pa.R.C.P. 1020. If accepted, the Rec. 240 would require a single pleading for a single cause of action to recover for separate personal injury and property damage subrogation claims arising from the same loss. In effect, Rec. 240 would eradicate subrogation actions when the Insured files a companion claim for personal injury.
Opposition to the rule change was voiced to a committee of Philadelphia Bar Association. The plaintiffs’ personal injury bar supported the subrogation attorneys’ position and questioned the need for the proposed amendment.
It appears that all plaintiffs’ parties agree that Rec. 240 is proposing an unnecessary rule change. Upon the Committee’s receipt of the above opposition, it appears Rec. 240 will be withdrawn, however no official comment has been made.
WWR will continue to monitor these developments.