Court Grants Plaintiff What He Paid For In UIM Coverage Question Case

In the case of Erie Insurance Exchange v. Eachus, 2023 Pa. Super. 264 (Pa. Super. Dec. 12, 2023 Panella, P. J., Dubow, J., Sullivan, J.)(Sullivan, J.), the court affirmed the entry of summary judgment in favor of the insurance company in a case involving a dispute over the insured’s entitlement to certain uninsured and underinsured motorist benefits.

More specifically, the insured was asserting an entitlement to higher uninsured and underinsured motorist benefits under the policy even though the insured requested lower limits in signed documentation provided to the carrier.

The court affirmed the entry of summary judgment from the lower court and found that the insured had specifically requested and executed forms providing for lower uninsured and underinsured benefits. The court also noted that the Plaintiff paid a lower premium for the lower benefits as further evidence of the insured’s acceptance of the coverage provided.

Anyone wishing to review a copy of this decision may click this LINK.


Source “Court Summaries” by Timothy L. Clawges in the Pennsylvania Bar News (Jan. 15, 2024).