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
Personal Injury
Premises Liability: The Slip and Fall
Workers' Compensation
Vehicle and Automobile Accidents
Attorney
Staff
Blog Category:

Vehicle and Automobile Accidents

    10/28/2008
    James R. Carroll, Jr., Esquire
    Comments (0)

    Pennsylvania Supreme Court Holds That UIM "Other Insurance" Clause Is Void

    The Pennsylvania Supreme Court issued a decision recently in Generette v. Donegal.  The Court, in a majority decision by Justice Baer (joined by C.J. Castille, Todd and McCaffery), reverses the Superior Court 5-4 en banc decision.

    The Court holds that the Superior Court erred in concluding that the MVFRL provision relating to stacking and waiver applied to Generette, who was not an "insured" as defined by the MVFRL. Additionally, it holds that a portion of the "Other Insurance" clause in the Generette policy with Donegal is non-enforceable because it conflicts with the public policy of the MVFRL to provide "excess" rather than "gap" underinsured motorist coverage.  Justice Saylor filed a separate concurring and dissenting opinion and Justice Eakin a separate dissenting opinion.

    This is a very confusing issue to the lay person and the written opinion certainly bears that out.  Just understand that it is a win for the good guys.  It has made a direct, positive result in one of the underinsurance claims being litigated here at Carroll & Carroll, P.C.

    Thanks, as always, to Scott Cooper, Esquire for providing this information.


    Labels: case law motor vehicle financial responsibility law, pennsylvania supreme court, stacking, uim, Underinsurance,


There are no comments.

Post a comment

Post a Comment to "Pennsylvania Supreme Court Holds That UIM "Other Insurance" Clause Is Void"

To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."

Username:*

Password:*

Register for an account

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the text in the graphic below: [hit F5 if you can not read the text]

Quick Contact

Name:

Phone:

Email:

(We do not share or sell your email)

Tell us more:


Carroll & Carroll, P.C.
100 Center Street
Athens, PA 18810
Phone: (570) 882-8683


Get Directions

Map / Directions


©2009 Carroll & Carroll, P.C., All Rights Reserved, Reproduced with Permission
The Best in Website Design for Attorneys, Attorney Web Blogs That Work, Attorney Search Engine Optimization, Optimized Video Services for Lawyers and Update Your Website Yourself
by Foster Web Marketing - The Best Attorney Website Design & Hosting Firm
Get SEO Tips from The Attorney Internet Marketing Blog