In a non precedential opinion, the Pennsylvania Superior Court in Erie Insurance Exchange v. Colebank, 1244 WDA 2021 (Pa. Super. April 20, 2022) held that a household exclusion provision in an insurance policy was enforceable against a claimant who rejects...
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Superior Court Says “Resident” Did Not Require Physical Presence
In the non-precedential case of Erie Insurance Exchange v. Montesano, the Pennsylvania Superior Court found that plaintiff met the definition of a "resident" under an auto policy, and was covered for underinsured motorist benefits, even though she was not physically...
Eastern District Interprets Conflicting Limited Tort Issues
In the case of Devoue v. American Sitework, LLC, No. 2:20-CV-06003 (E.D. Pa. March 4, 2022, Marston, J.), the Eastern District Court held that a Pennsylvania vehicle owner plaintiff, who otherwise would be deemed limited tort for his failure to maintain financial...
Pennsylvania Superior Court Invalidates the Regular Use Exclusion
The Pennsylvania Superior Court, in Rush v. Erie Insurance Exchange, No. 1443 EDA 2020 (Pa. Super. October 22, 2021), affirmed a Northampton County Trial Court's decision finding the regular use exclusion to be invalid and that the exclusion violated the Motor Vehicle...
Forum Selection Clause Held To Be Unambiguous
In their recent decision in the case of Van Divner v. Sweger, No. 1129 MDA 2020 (Pa. Super. June 24, 2021), the Pennsylvania Superior Court held a UIM forum selection clause to be unambiguous and upheld transfer of that action to another county. However, the...