Monday, August 30, 2021

UIM Coverage Election Forms Found To Be Valid


In the case of Eckman v. Encompass Home & Auto Ins. Co., No. 1904038 KSM (E.D. Pa. July 30, 2021 Marston, J.), the court ruled that an insured was not entitled to underinsured motorist coverage equal to the bodily injury liability coverage limits under the subject automobile insurance policy where the statutory coverage election forms, as well as the insured’s initial application for the insurance policy, all provided sufficient evidence under Pennsylvania statutory law to demonstrate that the insured intended to purchase a lower amount of UIM coverage.

As such, the Defendant carrier’s Motion for Summary Judgment was granted and the Plaintiff’s cross Motion for Summary Judgment was denied.

According to the Opinion, the Plaintiff sought to preclude the coverage forms at issue from consideration by the court. However, the Plaintiff also conceded that, if the UM/UIM coverage forms were admissible, then the carrier would indeed be entitled to summary judgment. The court denied the Motion to Preclude the Documents from Consideration.

The court also ruled that, even if the election forms were excluded, the application for insurance itself constituted sufficient evidence for the court to find that the Plaintiff intended to purchase lower UM/UIM coverage limits.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE.

The Court's Opinion on the Plaintiff's motion to preclude the admission of copies of the pertinent documents can be viewed HERE.


Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Aug. 17, 2021).

Source of image: Photo by Scott Graham on Unsplash.com.

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