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Court Grants Petition To Determine Validity Of Exclusion

Posted On Behalf of Schmidt Kramer Injury Lawyers on May 14, 2012 in General

Attached is the link to the PA Supreme Court order from July 7, 2009 in  Heller v. Pennsylvania League of Cities where the Court has Granted the Heller Petition for Allowance of Appeal on the following issue:

Whether or not the Honorable Court should strike down an exclusion in [Respondents’] policy providing that any person receiving  worker’s compensation benefits was ineligible for UM/UIM benefits?

This is a case where the Commonwealth Court upheld an exclusion in the  underinsured motorist provision of an employer’s policy when a police office was injured in a car accident while in the course and scope of his employment on behalf of his employer. The first level of UIM would have been the employer’s vehicle but the policy had an exclusion. The trial court set aside the exclusion but the Commonwealth Court in a 2-1 opinion reversed.

The Supreme Court has now agreed to take the issue: http://www.pacourts.us/OpPosting/Supreme/out/406wal2008Granted.pdf

Scott B. Cooper

scooper@schmidtkramer.com

717-232-6300