Thursday, July 26, 2018

Language of UIM Rejection Form Upheld in Commercial Vehicle Setting (Non-Precedential)

In its non-precedential decision in the case of Fatai King v. US Xpress Inc, et al, No. 16-2623 (3d Cir. July 11, 2018), the Third Circuit Court of Appeals affirmed a District Court's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.

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