In 2013, Rachel Dixon was driving a car owned by her boyfriend, Rene Oriental-Guillermo when she was involved in an accident with a vehicle in which Priscila Jimenez was a passenger, and was being driven by Alli Licona-Avila. At the time of the accident, Dixon resided...
Articles/E-Alerts
Supreme Court Holds That a New Waiver of Stacking is Needed When Increasing UM/UIM Limits
In the recent case of Barnard v. Traveler’s Home, No. 42 EAP 2018 (Pa 9/26/19) the Pennsylvania Supreme Court addressed the issue of whether an increase of underinsured motorist coverage limits for multiple vehicles insured under an existing policy constituted a...
Regular Use Exclusion Applicable to Rental Vehicle Provided by Employer
In Rawl v. GEICO, 11435-CV-2019 (C.P. Beaver Co. 7/1/19), the Beaver County Trial Court granted summary judgment in favor of the insurance carrier after hearing cross motions in a declaratory judgment action. The Court held that the regular use exclusion...
Three New Gallagher Decisions
Three recent decisions from the Eastern District of Pennsylvania have applied the Pennsylvania Supreme Court’s opinion Gallagher v. GEICO, 201 A.3d 131 (Pa. 2019) retroactively. On January 23, 2019, Gallagher invalidated the household exclusion...
UIM Carrier Not Entitled to Credit for Certain Amounts Paid In Excess of Tortfeasor’s Liability Limits
The Pennsylvania Superior Court recently decided a unique issue pertaining to the amount of credit entitled to a UIM carrier when a tortfeasor’s carrier pays more than the liability limits as a result of an excess verdict rendered in a third party case. The...