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Pennsylvania Superior Court Invalidates Underinsured Motorist Rejection Form

Posted On Behalf of Schmidt Kramer Injury Lawyers on May 16, 2012 in Car Accidents

February 7, 2012 – Attached is a copy of the opinion from the Superior Court yesterday (2/6/12) in Jones v. Unitrin dealing with a rejection of underinsured motorist (UIM) coverage.  The insured allegedly rejected coverage but the form did not “specifically” comply with Section 1731 of the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL).

Despite the mandates of the Pennsylvania statute, the form used by Unitrin was not the same as provided by law.  The Superior Court opinion holds that the addition of the sentence “By rejecting this coverage, I am also signing the waiver on P. 13 rejecting stacked limits of underinsured motorist coverage.” invalidated the form and the trial court decision to uphold the form is reversed.

http://www.pacourts.us/OpPosting/Superior/out/A34022_11.pdf

If you are in a car wreck and accident in Harrisburg, Central Pennsylvania, the Commonwealth, or covered by a Pennsylvania auto policy at the time of an accident which results in bodily injuries and are covered by a Pennsylvania insurance policy this opinion may allow you to obtain considerable insurance coverage from your own personal insurance policy.

 

Scott B. Cooper
Schmidt Kramer PC209 State StreetHarrisburg, PA 17101(717) 232-6300 – Telephone(717) 232-6467 – Facsimilescooper@Schmidt Kramer.comFacebook.com/Schmidt KramerTwitter.com/TalkToALawyer