In its
non-precedential decision in the case of Fatai King v. US Xpress Inc, et al, No. 16-2623 (3d Cir. July 11,
2018), the Third Circuit Court of Appeals affirmed a District Court's finding
that an uninsured rejection form in a commercial policy was valid.
According
to a review of the Opinion, there were additional sentences in the rejection
language of the form beyond that required by the 75 Pa.C.S.A. Section 1731.
The Fatai King court noted that a verbatim
recitation of the statutory language was not required to render a UIM rejection
form valid.
The
court noted that the changes to the form at issue in this case were appropriate
to tailor the form to the commercial vehicle context to which it applied.
Anyone
wishing to review this case may click this LINK.
I send
thanks to Attorney Scott Cooper of the Harrisburg, PA office of Schmidt Kramer
for bringing this case to my attention.
Thursday, July 26, 2018
Language of UIM Rejection Form Upheld in Commercial Vehicle Setting (Non-Precedential)
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