Sunday, November 22, 2009

Pennsylvania Supreme Court Grants Allocatur in a "Regular Use" Case

On November 18, 2009, the Pennsylvania Supreme Court issued an Order in the case of Williams v. GEICO, 2009 WL 3850443, 147 WAL 2009 (Pa. 2009) agreeing to address the following issue:

"Whether, under the MVFRL and our decision in Burstein v. Prudential Property & Cas. Ins. Co., 809 A.2d 204 (Pa. 2002), the “regular-use” exclusion to underinsured motorist coverage in an automobile insurance policy is valid where the insured is a police officer, who has sustained bodily injury in the course of performing his duties while driving a police vehicle, for which vehicle he could not have obtained underinsured motorist coverage."

In this case, the Lawrence County Court of Common Pleas granted GEICO's motion for summary judgment and denied the injured party's motion to compel arbitration. The Superior Court affirmed without an opinion.

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