On October 22, 2021, the Superior Court of Pennsylvania handed down a monumental decision changing Pennsylvania law in favor of motor vehicle accident victims. In Rush v. Erie Insurance Exchange, the Superior Court found that the regular use exclusion contained in automobile policies in Pennsylvania is void and unenforceable. The regular use exclusion prohibits persons from recovering uninsured and underinsured motorist coverage while operating or occupying a vehicle on a regular basis which is not insured under the individual’s personal auto policy. For instance, this exclusion would bar any recovery of uninsured and underinsured motorist benefits by truck drivers, UPS drivers, delivery persons, police officers, first responders or any other person who regularly operates a vehicle other than his or her personal car. With this decision, those persons will be able to recover uninsured and underinsured motorist benefits under their own policies for injuries sustained while operating other vehicles. James C. Haggerty, Esquire of HGSK was one of the attorneys involved in representing the motor vehicle accident victims in obtaining this favorable result. If you have a claim which you think falls within this decision, please feel free to contact HGSK for further information.
