In an October 12, 2022 decision in Chilutti v. Uber Technologies, Inc., et. al., No. 1023 EDA 2021, 2022 PA Super 172 (Pa. Super. 2022), the Superior Court of Pennsylvania considered whether a party should be deprived of their constitutional right to a jury trial when...
In a case of First Impression, the Pennsylvania Superior Court Applies UM/UIM “Coordination of Benefits” Provision to Cap Recovery Across Multiple Household Policies
In a recent decision in Erie Ins. Exch. v. Backmeier, 2022 PA Super 221 (Dec. 28, 2022)(approved for publication, no citation yet available), the Superior Court of Pennsylvania considered as a matter of first impression the question of whether an insurer may apply an...
The United States District Court for the Western District of Pennsylvania Clarifies UIM Credit in Multiple Tortfeasor Situations
In a recent decision in State Farm Automobile Insurance Company v. Griffiths, No.20-202, 2022 WL 3618663 (August 23, 2022), the United States District Court for the Western District of Pennsylvania clarified the proper calculation of underinsured motorist (“UIM”)...
Superior Court Clarifies Statute of Limitations Defenses in UM/UIM Case
In a recent decision in Novak v. Mutual Benefit Insurance Company, No. 1592 MDA 2021 (Oct. 14, 2022), the Superior Court clarified the Supreme Court decision in Erie Insurance Exchange v. Bristol, 174 A.3d 578 (Pa. 2017), to clarify the validity and proper calculation...
Pennsylvania Supreme Court Hears Oral Argument in Franks v. State Farm
On November 29, 2022, the Pennsylvania Supreme Court heard argument in the case Franks v. State Farm Mutual Automobile Insurance Company, 563 MAL 2021 (Pa. 2022) to determine whether, pursuant to 75 Pa. C.S. § 1738 of the Pennsylvania Motor Vehicle Financial...
Third Circuit Clarifies Notice Requirements for UIM Rejection Waivers
In a recent decision in Keeler et. al. v. Esurance Insurance Services, Inc., No. 21-2449, 2022 WL 10319919 (3d Cir. Oct. 18, 2022), the Third Circuit Court of Appeals considered the technical requirements for proper notice of rejection of underinsured motorist...
Third Circuit Renders Lower UM/UIM Limit Elections Valid for the Life of an Auto Insurance Policy
In a recent decision in Geist v. State Farm Mut. Auto. Ins. Co., No. 21-3315, 2022 WL 4543231 (Sept. 29, 2022), the Third Circuit Court of Appeals considered the question of whether an insurer that previously secured a written request for lower uninsured/underinsured...
Waiving Goodbye to Benefits
On August 4, 2022, in Koch v. Progressive, 2022 PA Super 131 (Aug. 4, 2022), the Pennsylvania Superior Court upheld the continuing validity of underinsured motorist (“UIM”) rejection waivers pursuant to 75 Pa. C.S. § 1731 despite subsequent policy changes and...
New Jersey’s Bad Faith Sword of Damocles
On January 18, 2022, New Jersey Governor Phil Murphy signed into law the New Jersey Insurance Fair Conduct Act (the “Act”), providing a new cause of action for uninsured and underinsured motorist benefits claimants. Under the “New Jersey Insurance Fair Conduct Act,”...
