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Q: If a limited tort selection has been made but the selection for does not contain the actual amounts of the differences in premiums, is the election valid?


Yes, the Pennsylvania Supreme Court has held that if the premiums are not included on the tort selection form there is technically non-compliance with the statute. However, the Court also has held that the statute also does not provide a remedy so as long as the form in the statute is given to the insured and signed then the limited tort selection will be valid, subject to an exception. Donnelly v. Bauer, 720 A.2d 447 (Pa. 1998).  Therefore, until there is any legislative action the insurance company can enforce the limited tort option even if the statutory compliance is not met.

If you have any questions about your insurance or any type of car accident or car wreck anywhere in the Commonwealth of Pennsylvania contact the personal injury lawyers at Schmidt Kramer in central Pennsylvania.