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Pennsylvania Injury Lawyers

New UM decision on Commonwealth providing UM benefits

Happy New Year!  Below is a link to Lowery v. Port Authority of Allegheny County from the Commonwealth Court on 12/29/06 last week where the Commonwealth Court holds that passengers on a port authority bus are allowed UM benefits from the self-insured authority when they were injured while passengers on a bus and it was involved in an accident with an uninsured motorist.  The trial court had held that since the passengers may not be entitled to first party benefits ad there was no exception to sovereign immunity that they were not entitled to 15K um benefits under Section 1787.  The Commonwealth Court reverses the Allegheny County trial court decision to grant a judgment on the pleadings and finds that under Section 1787(a) (3) they should receive UM benefits of at least 15K per person/30K per accident.  The case is remanded to the trial court for a determination of how many UM claims will be covered under this accident.  PATLA (Sandy Neumann mainly and I) did an Amicus on this subject. [Read More - Article PDF]


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