Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases
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Vehicle and Automobile Accidents

    7/14/2008
    James R. Carroll, Jr., Esquire
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    New Pennsylvania Federal Court Section 1734 Sign Down Case Nullifies Alleged Sign down Of UIM Coverage

    On July 10, 2008, the District Court for the Middle District of Pennsylvania (Judge Vanaskie) granted the insureds motion for summary judgment and set aside an alleged sign down of underinsured motorist coverage in The Brethren Mutual Ins. Co. v. Triboski-Gray.  The insurance company argued that a sign down from $250,000 in bodily injury (BI) coverage to $35,000 in underinsured motorist (UIM) coverage was valid because the insured signed the bottom of a 2 page application for coverage.  Relying upon the Pennsylvania Supreme Court decision in Lewis v. Erie, 793 A.2d 143 (Pa. 2002) and Pennsylvania Superior Court decision in Motorists v. Emig, 664 A.2d 559 (Pa. Super. 1995), the Court holds that the insureds "signature on an application completed by the insurance company's agent does not constitute a written request for UM/UIM coverage limits below the coverage requested for bodily injury."    

    In this case, there was none of the insureds initials next to the UM/UIM coverage designations on the application as in some other cases.  Thus, there was no "written request" according to the court.  The Court enforced the insurance policy and nullifies the lower UM/UIM coverage limits, thus deeming the UM/UIM coverage equal to the bodily injury limits.  The coverage for UM/UIM is now $250,000.


    Labels: federal court sign down Underinsurance uninsurance


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