Auto Insurance

In Gallagher v. GEICO , (January 23, 2019), the Pennsylvania Supreme Court struck down the “household vehicle exclusion” contained in GEICO’s motor vehicle insurance policies.

In Berg v. Nationwide, 2018 WL 1702785 (April 9, 2018), a split three judge panel of the Pennsylvania Superior Court reversed a Twenty-One Million Dollar bad faith award against Nationwide and remanded the case to the trial court for judgment in favor of Nationwide. 

In Newhook v. Erie, No. 1917 EDA 2017 (April 25, 2018), a three judge panel of the Pennsylvania Superior Court held in an unreported case that Erie was required to provide stacked underinsured motorist benefits because it added a new car to its policy by way of an endorsement, (an amended declarations page), and failed to obtain a signed waiver of stacking form from its insured. 

In Barnard v. Travelers, E.D. Pa, Feb. 5, 2018, the Federal Court for the Eastern District of Pennsylvania held that a carrier is required to obtain a signed written waiver of stacked uninsured motorist, (“UM”), or underinsured motorist , (“UIM”), benefits when a policy holder increases their limit of such benefits. 

In Rancosky v. Washington National Insurance Company, No. 28 WAP 2016, (September 28, 2017), the Pennsylvania Supreme Court considered for the first time the elements of a bad faith insurance claim brought pursuant to the Pennsylvania bad faith statute, 42 Pa.C.S. Section 8371. 

The case is Safe Auto Insurance Company v. Oriental-Guillermo, 2017 W.L. 4124219, Opinion by Dubow, J., joined by Solano, J.  Dissenting opinion by Ford Elliott, P.J.E. On September 18, 2017, the Pennsylvania Superior Court held that an insurance carrier can exclude “Permissive Driver Coverage” if the permitted driver is not related to the policy holder, is living with the policy holder, and is not specifically listed on the policy.

In Sayles v. Allstate, 3:16-CV-01534, 2017 WL 1928408, (M.D. Pa. May 10, 2017), District Court Judge Caputo denied Allstate’s motion to dismiss in a potential class action based on a provision in Allstate’s policy.

In Pergolese v. The Standard Fire Insurance Co. 2017 WL 1337943 (April 11, 2017), a split panel of the Pennsylvania Superior Court held that The Standard Fire Insurance Company was required to obtain a new UIM stacking waiver when its insured informed their insurer that they were purchasing a new vehicle, and the new vehicle was added to the policy before the purchase was complete.   

In Ford v. American States Insurance Company, 154 A.3d 237 (Pa. Supreme Court, February 22, 2017), the Pennsylvania Supreme Court held that a rejection form for underinsured motorist (UIM) coverage was valid even though it was not a verbatim reproduction of the statutory form.