Friday, April 29, 2011

Pennsylvania Supreme Court Hands Down Split Decision on Household Exclusion Issue

On April 28, 2011, the Pennsylvania Supreme Court handed down a 3-3 plurality decision, with Justice Orie Melvin have recused herself from the matter, in the case of  GEICO v. Ayers which decision serves to affirm the Superior Court's decision that an insured was barred from collecting stacked UIM benefits to compensate him for injuries sustained in a motor vehicle accident.

Here's a link to the Tort Talk posting providing more background on the case presented and the exact issue addressed by the Court:  http://www.torttalk.com/2010/07/pennsylvania-supreme-court-agrees-to.html


Here's a link to the Supreme Court's Order issued in GEICO v. Ayers

http://www.courts.state.pa.us/OpPosting/Supreme/out/J-21-2011pco.pdf


Here's the link to the Supreme Court's Opinion by Justice Saylor in support of Affirmance: 

http://www.courts.state.pa.us/OpPosting/Supreme/out/J-21-2011aff.pdf


I send thanks to Attorney Thomas McDonnell of the Pittsburgh law firm of Summers, McDonnell, Hudock, Guthrie & Skeel for bringing this decision to my attention.  Attorney Joe Hudock from the same office handled the matter for GEICO.

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