The Superior Court took this appeal from an agreed upon non-jury trial in
By way of background, this matter arises out of a motor vehicle accident that occurred on
After resolving his claims against the underinsured tortfeasor motorist, the Claimant sought UIM coverage from
The Claimant previously had a UM/UIM policy with another carrier under his originally purchased policy in 2001. It was agreed between the parties, however, that the subject Erie Insurance policy that was in effect on the date of the accident did contain the regular use exclusion clause.
Under that clause, it was stated that
The Claimant alleged that he never received
Accordingly, applying the language of the regular use exclusion to the facts of the case, the Superior Court upheld the trial court’s decision in favor of Erie Insurance.
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I send thanks to Attorney Suzanne Tighe of the