Another Decision by Third Circuit Upholding the Validity of the Regular Use Exclusion

In a non-precedential decision in the case of Burton v. Progressive Adv. Ins. Co., No. 23-1574 (3d Cir. Aug. 6, 2024 Porter, J. Montgomery-Reeves, J. and Roth, J.) (Op. by Roth, J.), the Third Circuit Court of Appeals affirmed a trial court judge's finding that the regular use exclusion precluded UIM coverage for a plaintiff.

In so ruling, the court relied upon the recent Pennsylvania Supreme Court decision in the case of Rush v. Erie Insurance Exchange, 308 A.3d 780, 802 (Pa. 2024) in which that Court upheld the continued enforceability of the regular use exclusion.

The court additionally noted that the trial court properly found that the regular use exclusion applied in this case where the party at issue was driving her brother’s vehicle which the brother was allowing the driver to continually utilize while her own vehicle was being repaired.

Anyone wishing to review this non-precedential decision by the Third Circuit upholding the enforceability of the regular use exclusion may click this LINK.