The plaintiff filed an action against a defendant alleging that the defendant struck the rear of the plaintiff’s vehicle. The defendant thereafter filed an apportionment complaint against the plaintiff’s insurance company, alleging that the insurance carrier was responsible for the alleged negligence of an unidentified driver who caused the plaintiff’s vehicle to unexpectedly slow suddenly.
While noting that there was no appellate authority directly addressing the issue, the Superior Court allows the apportionment complaint to stand. The court notes that a majority of trial courts had granted such motions to strike similar apportionment complaints. The court notes that the apportionment complaint is not exposing the insurance carrier to monetary damages unless the plaintiff decides to timely plead over against the insurer.
Lew v. Partilla, CV16-6029403 (Jacobs, J. April 24, 2017)