The Pennsylvania Superior Court addressed what will surely be a booming business for litigators in the coming years: lawsuits filed by companies seeking coverage for losses related to COVID-19 shutdowns. The Court reviewed an order from the Allegheny County Court of Common Pleas consolidating numerous similar cases against Erie Insurance Exchange filed by its insureds across Pennsylvania. The trial court ordered several active cases in Allegheny, Lancaster, and Philadelphia Counties to be consolidated under Pa.R.C.P. 213.1. The Superior Court vacated a portion of the order that purported to consolidate any similar actions filed in the future. The Court held that Rule 213.1(a) makes clear that a consolidation order may only apply to “pending” cases. And according to the Court, that prohibits a trial court from including future actions not yet commenced. The Court also remanded the matter so that certain parties to the consolidation order can fully litigate their objections.
