Monday, January 16, 2017

Pennsylvania Supreme Court Agrees to Address Important UM/UIM Statute of Limitations Issue

In a recent Order, the Pennsylvania Supreme Court agreed to consider the issue of whether an unopposed demand for arbitration is enough to toll the statute of limitations for bringing an uninsured motorist claim that is subject to mandatory arbitration, or does a petition need to be filed with the Court to protect the statute.  

This Order was handed down in the case of Erie Insurance Exchange v. Bristol, No. 439 MAL 2016 (Pa. Dec. 29, 2016).  

The Pennsylvania Superior Court previously ruled in this matter that the statute of limitations on an uninsured motorist claim had not been tolled despite the parties corresponding about the mandatory arbitration and even selecting arbitrators.   The Superior Court's decision upheld the trial court’s ruling from the Montgomery County Court of Common Pleas, which had granted summary judgment in favor of the UM carrier.  

Anyone wishing to review a copy of this Supreme Court Order may click this LINK.

Source: “Supreme Court to Mull UM Arbitration Preservation”  By:  Max Mitchell of the Pennsylvania Law Weekly (Jan. 10, 2017).  

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