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

    10/13/2008
    James R. Carroll, Jr., Esquire
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    Superior Court Holds Cab Driver Not Entitled To Underinsured Motorist Coverage

    Attached is the link to the Pennsylvania Superior Court decision on October 10, 2008 in Nationwide Assurance Company v. Easley where the Superior Court affirms the trial court decision in Allegheny County which upheld 2 exclusions as they applied to preclude a cab driver from obtaining underinsured motorist coverage (UIM) on his personal policy for an accident which occured while he was driving a cab.

    Calvin Easley    (Easley) was injured while operating a Yellow Cab Taxi in Pittsubrgh.  He paid a lease fee for use of the taxi during a 24 hour period and had no choice over the taxi he received. He did not have a paying customer in the cab when he was injured by a third party in a car accident. He was driving home and was intending to return the cab the next day.

    After settling the third party claim and then, since the taxi company did not provide UIM coverage, he made a claim on his personal policy for UIM coverage but was denied based upon 2 exclusions which denied him coverage for accidents occuring in a vehicle avaliable for his "regular use" and also for vehicles "used to carry persons or property for a charge".

    The Superior Court decision by Judge Popovich finds that the fact Easley did not have a passenger with him at the time the accident occured does not render the "use for hire" exclusion invalid nor did the fact that he operated different taxis render the "regular used" vehicle exclusion invalid. The Superior Court affirms the trial court decision and upholds both exclusions.

    Thanks to Scott Cooper, Esquire for providing this information.


    Labels: appeal, automobile accident, case law, insurance, pennsylvania superior court, uim, Underinsurance


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