Thursday, February 23, 2017

Pennsylvania Supreme Court Addresses Validity of Section 1731 UM/UIM Rejection Forms

In its recent decision in the case of Ford v. American States Ins. Co., No. 1800 WDA 2014 (Pa. Feb. 22, 2017)(Maj. Op. by Baer, J.), the Pennsylvania Supreme Court addressed the the validity of a Section 1731 uninsured and underinsured rejection form. 

Departing from prior decisions on the issue, the Ford Court held that a de minimis alteration to the form does not render the form void.   In other words, the Supreme Court ruled that the form does not have to be a verbatim recitation of the form contained in the statute. However, the Court further held that an alteration which can render the form ambiguous or confusing will serve to make the form void.

The Majority Opinion written by Justice Baer can be read at this LINK.

The Dissenting Opinion by Justice Donohue can be read HERE 

I send thanks to Attorney Scott Cooper of the Harrisburg law firm of Schmidt Kramer for bringing this case to my attention.

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