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New Ruling On PA Injury Car Accident And UM/UIM Arbitration/Venue

Below is the link to McAteer v. State Farm Mut. Auto. Ins. Co., No. 1428 EDA 2013 (Pa.Super. Jan. 7, 2014) (mem.) where a panel of the Superior Court in a memorandum opinion finds that the appellant/McAteer failed to address the dispositive issue of venue, i.e., that when an arbitration clause calls for arbitration in one particular county, the parties to the contract are limited to that single forum.

The finding is that the appellant failed to develop an argument over the position the trial court took that it was bound by a prior ruling transferring the case to Bucks County, and the appellant failed to assert a specific contractual basis that would have permitted venue in any county in which she resided at the time she filed her petition to appoint a third arbitrator and compel arbitration.

Of course, negotiating with both health and liability insurance companies is a job best suited for advisors with an extensive record of handling such claims. The Harrisburg insurance lawyers at Schmidt Kramer have significant experience in this area of the law; our lawyers spend part of their careers teaching insurance law to other lawyers!

If you want that level of understanding applied to your case, call us today for a FREE review of your case. Call us at 717-888-8888 or (717) 888-8888 toll-free to schedule a consultation, or to request a FREE copy of our informative client report, Navigating the Subrogation Nightmare: What to Do When the Insurance Company Says You Have to Pay Them Back.