Auto Law

The PA Supreme Court Holds That The Statute Of Limitations In An Uninsured Motorist Action Begins On The Date That A Breach Of Contract Occurred

December 4th, 2017

In Erie Insurance v. Bristol, 2017 WL 5617628, (Pa., November 22, 2017), the Pennsylvania Supreme Court held that the four year statute of limitation In an uninsured motorist claim did not begin on the date that the insured learned that the adverse driver was uninsured, but rather, on the date that the uninsured motorist carrier allegedly breached a contractual duty, which in this case was either the insurer’s denial of coverage or refusal to arbitrate.

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Regularly Used Non-Owned Vehicle Exclusion Upheld

November 3rd, 2017

In Reeves v. Travelers, 2017 WL 4930900, (E.D. Pa., 10/31/17), the Eastern District Court upheld the “regularly used, non-owned vehicle” exclusion contained in Traveler’s automobile insurance policy.

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Evidence of an Insurer’s Motive of Self-Interest or Ill Will is Not Required in an Insurance Bad Faith Action

September 28th, 2017

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. 

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September 18th, 2017

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.

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IME Requirement in Auto Policy of is Void.

May 10th, 2017

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.

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New UIM Stacking Waiver Required.

April 11th, 2017

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.   

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UIM Rejection Form Need Not be Verbatim Reproduction of Statutory Form.

February 22nd, 2017

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. 

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