Archive for April 2010

Separated father of boy killed by motorist cannot get UIM benefits because son did not live with him

The Superior Court of Pennsylvania ruled a separated father who had joint custody of his son cannot recover UIM benefits under his own automobile policy after the son was killed in an accident because the boy lived full time with his mother, did not physically reside with his father, and did not attend school near […]

Date of Statute Of Limitation on UIM claim not until four years after settlement obtained

On April 20, in State Farm v. Rosenthal, the Third Circuit Court of Appeals ruled that the statute of limitations on a UIM claim is not the date of the accident as State Farm had advocated but four years from the date in which a settlement or award of a lesser amount than the incurred […]

PA Supreme Court Rules on Injured Pedestrian’s Right of Recovery

Young girl injured by motorist is not restricted to ‘limited tort’. An 11-year-old girl who was struck by a motorist after coming off a school bus may seek recovery for noneconomic damages she sustained, the Pennsylvania Supreme Court today ruled in L.S. v. Eschbach. In an important case of first impression involving the rights of […]