Pennsylvania Court Holds That Named Driver On An Insurance Policy Is Not Bound By Selection Of Limited Tort
Posted Scott B. Cooper on Jan 31, 2013 in Car Accidents
Below is the link to the Pennsylvania Superior Court opinion from January 30, 2013 in McWeeney v. Estate of Strickler. This case involves the unsettled issue of whether a person who is named as a driver on an insurance policy is bound by the owner of the policy's selection of limited tort. In this case, the fiancé of the owner of the policy was also a resident of the same household and named as a driver on the policy. Therefore, the trial court reasoned that she was also a "named insured" or as a permissive driver an "insured" who was bound by the limited tort selection under the terms of Section 1705 of the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL).
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