State Farm Mutual Automobile Insurance v. Ware's Van Storage

OPINION BY

BENDER, J.:

¶ 1 State Farm Mutual Automobile Insurance Company (State Farm) appeals from the trial court’s order sustaining preliminary objections in the nature of a demurrer filed by Ware’s Van Storage (Ware’s) and Wilson Rodriguez. State Farm contends that the trial court erred in concluding that commencement of a prior personal injury action by State Farm’s insured improperly split the applicable cause of action and mandated waiver of State Farm’s subrogated property damage claim pursuant to Pa.R.C.P. 1020(d). We conclude that waiver pursuant to Rule 1020(d) properly cannot be…