Monday, March 5, 2012

Another UIM Rejection Form Decision

Last week I summarized the recent Pennsylvania Superior Court decision in the case of Jones v. Unitrin in which the court faulted a UIM carrier for adding language to a UIM rejection form and thereby voided that form.  That post can be viewed here.

In a more recent Pennsylvania Eastern District Federal Court decision, Federal Senior Judge Edmund V. Ludwig relied upon Jones v. Unitrin in ruling against Travelers Indemnity Co. of America with regards to the propriety of a UIM rejection form in the case of Robinson v. Travelers Indemnity Co. of America, 2012 WL 677007 (E.D. Pa. Feb. 29, 2012).

Judge Ludwig ruled that, based upon the Jones v. Unitrin decision, requiring exact compliance with the form language for rejection forms found in 75 Pa.C.S. 1731, the addition of a single word in an underinsured motorist coverage rejection form violated the specific mandates of the MVFRL and, as such, rendered the rejection void.

In Robinson, Travelers had changed the waiver by adding the word "motorists" into the phrase "underinsured coverage" in the mandated language.

I have posted the Westlaw citation for the case above, but anyone desiring a copy of this decision may contact me at dancummins@comcast.net.

I send thanks to Attorney Walter A McClatchy, Jr. of the McClatchy  & Associates Law Office in Philadelphia for bringing this decision to my attention.

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