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Legal News
Significant Indemnity Case Law
- Bernotas v. Super Fresh Food Markets, Inc.
863 A.2d 478 (Pa. 2004)
- Greer v. City of Philadelphia
795 A.2d 376 (Pa. 2002)
- Ruzzi v. Butler Petroleum Co.
588 A.2d 1 (Pa. 1991)
- Perry v. Payne
217 Pa. 252, 66 A. 553 (Pa. 1907)
Pennsylvania Supreme Court Rules in Case of First Impression
New UM/UIM Sign-Downs Form Not Needed After Certain Policy Changes
The highest state court ruled in Blood v. Old Guard Insurance Co., 2007 Pa. LEXIS 2408 (Nov. 20, 2007), that the Motor Vehicle Financial Responsibility Law (MVFRL) does not mandate that automobile insurance carriers re-comply with the provisions regarding uninsured/underinsured motorist coverage each time a policy is amended.
In reversing the Superior Court's decision, the Supreme Court found this case to be distinguishable from the one relied upon by the lower court when it decided insurance companies needed to obtain new sign-down forms each time a policy was amended. In Smith v. The Hartford Insurance Co. (2004) the Superior Court held that when an insured had previously rejected all UM/UIM coverage, the insurance company was required to obtain a new sign-down form when the policy is amended or the highest coverage allowed by statute would apply.
The Court distinguished the instant case from Smith because the Blood insures had previously selected a lower UM/UIM liability limit and did not indicate anywhere on the forms when changing liability limits that they wanted to also change the UM/UIM limits.
A HISTORY OF PENNSYLVANIA’S COURTS
http://www.courts.state.pa.us/Index/ujs/courthistory.asp
PENNSYLVANIA’S UNIFIED JUDICIAL SYSTEM
THE COURTS OF COMMON PLEAS
FEDERAL COURT
NEW JERSEY COURTS
http://www.judiciary.state.nj.us
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
http://www.njd.uscourts.gov

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