In the case of Nationwide Affinity Ins. Co. of America v. Fong, No. 2:19-cv-02119-CFK (E.D. Pa. April 28, 2020, Kenney, J.), the court upheld the regular use exclusion, despite the holding in Gallagher. Jessica Fong was involved in a motor vehicle accident, wherein...
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Common Pleas Judge Holds that Removing Vehicle does not Constitute Purchase of Insurance
In Franks v. State Farm Mutual Automobile Insurance Company, 93 Bucks Co. L. Rep. (2019), the trial court, in a case of first impression, held that Section 1738 of the MVFRL does not require a new waiver of stacked UIM coverage form when the insured merely removes a...
Waiver of a Stacking Form must be Executed by First Named Insured – County Opinion
In Rodriguez, et al., v. Penn National Mut. Ins. Co., No. S-203-16 (C.P. Schuylkill Co. Jan. 14, 2020, Goodman, J.), the trial court addressed whether a First Named Insured was required, per statute, to personally sign a form providing for the rejection of...
Claims for Future Medical Expenses Do Not Have To Be Reduced Pursuant to Act VI
In its first precedential Opinion, the Pennsylvania Superior Court in the case of Farese v. Robinson, 2019 Pa. Super. 336 (Nov. 8, 2019) addressed the issue of whether a claim for future medical expenses in an automobile accident case must be reduced in accordance...
Regular Use Exclusion Under Fire
In the Northampton County Common Pleas case of Rush v. Erie Insurance Exchange, No. C-48-CV-2019-1979 (C.P. Northampton. Co. Oct. 1, 2019 Baratta, J.), the court denied a Motion for Judgment on the Pleadings filed by Erie on the Regular Use Exclusion issue....