A Summary Of Recent Pennsylvania Appellate Decisions
PENNSYLVANIA STATE COURT DECISIONS
It seems as though the Pennsylvania Supreme Court ends every
calendar year by issuing numerous Opinions, with the volume
increasing any year in which a Justice is leaving the bench.
With Justice Nigro's unceremonious removal from the bench at the
behest of voters irate because the legislature decided to award
a large pay raise to itself and the judiciary, 2005 was no
exception. Consequently, the decisions reviewed in this issue
are grouped by Court rather than by topic.
1. SUPREME COURT OF PENNSYLVANIA
1.1. AUTOMOBILE INSURANCE
► Uninsured & Underinsured Motorist Claims
♦ Insurance Federation of Pennsylvania, Inc. v.
Commonwealth, Department of Insurance No. 2007 MAP 2003
(December 30, 2005)
Holding: The Insurance Department overstepped its legislative
mandate and does not have the authority to require mandatory
binding arbitration in uninsured and underinsured motorist
disputes. Consequently, insurance carriers may require that UM
and UIM claims be resolved in the courts or, presumably, by
other means specified under the insurance contract. Justice
Saylor filed a dissenting opinion, joined by Justice Castille.
This decision will likely portend the demise of arbitration as
the preferred method for deciding uninsured and underinsured
motorist claims. It seems ironic, however, that carriers would
seek to avoid arbitration when insurers, credit card companies,
and businesses of all types, are including arbitration clauses
in their agreements. Of course, these anti-consumer provisions
generally preclude appeals, limit punitive damages, and
otherwise restrict the nature of allowable claims. It is safe to
assume that auto insurers will likely propose similar provisions
for approval by the Insurance Department. With this Supreme
Court Opinion, the question arises whether the Insurance
Department can prohibit such provisions. Time will tell.
♦ State Farm Mutual Automobile Insurance Co. v. Foster No.
2007 MAP 2003 (December 30, 2005)
Holding: An insurer may deny uninsured motorist benefits to an
insured claimant who fails to report the accident to the police
or other governmental authority as required by the policy and
the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.