| |
|
Pennsylvania Law of Uninsured and Underinsured Motorist |
|
| |
|
Coverage and Arbitration Practice
|
|
| |
|
WEST GROUP
|
|
| |
|
By: Stephen N. Huntington |
|
| |
|
|
|
| |
|
|
|
| |
|
TABLE OF CONTENTS
|
|
| |
|
|
|
| |
|
Chapter 1 - Overview |
|
| |
|
|
|
| A. |
|
The Format of the Book |
1-1 |
| B. |
|
Statutes Which Regulate Uninsured/Underinsured |
|
| |
|
Motorist Practice |
1-3 |
| |
|
|
|
| |
|
|
|
| |
|
Chapter 2 - Uninsured Benefits and the Assigned Claims Plan |
|
| |
|
|
|
| A. |
|
Description of Assigned Claims Plan |
2-1 |
| B. |
|
The Seven Eligibility Requirements of the |
|
| |
|
Assigned Claims Plan |
2-1 |
| C. |
|
Additional Exclusions from Assigned Claims Plan |
2-7 |
| |
|
|
|
| D. |
|
Benefits Available |
2-8 |
| |
|
|
|
| E. |
|
Statute of Limitations |
2-9 |
| F. |
|
Procedure for Recovering Assigned Claims Benefits |
2-9 |
| G. |
|
Forms |
2-12 |
| |
|
|
|
| |
|
|
|
| |
|
Chapter 3 - Preconditions of Uninsured/Underinsured Coverages |
|
| |
|
|
|
| A. |
|
Conditions Precedent to Uninsured/Underinsured |
|
| |
|
Motorist Coverage |
3-1 |
| B. |
|
The Notice Requirement |
.3-2 |
| C. |
|
Conditions of Cooperation |
3-5 |
| D. |
|
Procedure to Enforce Cooperation |
3-9 |
| E. |
|
Forms |
|
| |
|
|
|
| |
|
|
|
| |
|
Chapter 4 - Determining Who Are Insureds |
|
| |
|
|
|
| A. |
|
Overview of Proof of Uninsured/Underinsured |
|
| |
|
Motorist Coverage |
.4-1 |
| B. |
|
Who is Covered Under a Self-Insurance Plan |
4-1 |
| C. |
|
Proof of Coverage Under a Policy |
4-2 |
| D. |
|
Action Steps to Find Coverage |
4-17 |
| E. |
|
Forms |
4-19 |
| |
|
|
|
| |
|
|
|
| |
|
Chapter 5 - Proving Existence and Amount of Coverage |
|
| |
|
|
|
| A. |
|
Proof of Uninsured/Underinsured Motorist Coverage |
5-1 |
| B. |
|
Proof of Coverage Limits |
5-6 |
| C. |
|
Forms |
5-16 |
| |
|
|
|
| |
|
|
|
| |
|
Chapter 6 - Proof That a Vehicle is Uninsured |
|
| |
|
|
|
| A. |
|
The Requirement That the Vehicle be Uninsured |
6-1 |
| B. |
|
Claims Where no Applicable Coverage has been Written |
6-3 |
| C. |
|
Claims Where Tortfeasor’s Carrier is Insolvent |
6-6 |
| D. |
|
Claims Where Coverage has been Denied |
6-7 |
| E. |
|
Claims Where Tortfeasor’s Identity is Unknown |
6-7 |
| F. |
|
Family Vehicle Exclusion |
6-9 |
| G. |
|
Forms |
6-12 |
| |
|
|
|
| |
|
|
|
| |
|
Chapter 7 - Proof That a Vehicle is Underinsured |
|
| |
|
|
|
| A. |
|
Requirement That Vehicle be Underinsured |
7-1 |
| B. |
|
Exclusions as to What are Underinsured Vehicles |
7-2 |
| C. |
|
The Exhaustion Clause |
7-4 |
| D. |
|
Forms |
7-9 |
| |
|
|
|
| |
|
|
|
| |
|
Chapter 8 - Proving the Right to Recover |
|
| |
|
|
|
| A. |
|
Proof of Injuries Caused by an accident |
8-1 |
| B. |
|
Proof of Injury From Vehicular Usage/Maintenance |
8-2 |
| C. |
|
Proof of Legal Entitlement to Recover |
8-5 |
| D. |
|
Damages |
8-13 |
| |
|
|
|
| |
|
|
|
| |
|
Chapter 9 - The Insurer’s Defenses |
|
| |
|
|
|
| A. |
|
Overview of the Insurer’s Defenses |
9-1 |
| B. |
|
Rules of Construction |
9-1 |
| C. |
|
Common Affirmative Defenses |
9-2 |
| D. |
|
Double Recovery of Uninsured and Underinsured |
|
| |
|
Benefits Prohibited |
9-2 |
| E. |
|
The “Consent to Settle” Defense |
9-3 |
| F. |
|
The Subrogation Assistance Clause |
9-6 |
| G. |
|
The “Owned Vehicle” Exclusion |
9-9 |
| H. |
|
The Other Insurance Clause |
9-10 |
| I. |
|
The Statute of Limitations Defense |
9-13 |
| J. |
|
Geographical Limitations |
9-15 |
| K. |
|
Permissive User Defense |
9-15 |
| L. |
|
Antique Vehicle Exclusion |
9-16 |
| M. |
|
Invalidated Affirmative Defenses |
9-16 |
| N. |
|
Setoffs and Coordination of Benefit Defenses: |
|
| |
|
An Overview |
9-17 |
| O. |
|
Setoffs of Liability Benefits From Amount Recoverable |
9-17 |
| P. |
|
Setoffs of Workers Compensation Benefits |
9-20 |
| Q. |
|
Setoffs from sources Other than Workers Compensation |
9-21 |
| R. |
|
Invalidated Family Vehicle Cap on Policy Limits |
9-23 |
| S. |
|
Forms |
9-24 |
| |
|
|
|
| |
|
|
|
| |
|
Chapter 10 - Arbitration of Uninsured/Underinsured Motorist Disputes |
|
| |
|
|
|
| A. |
|
Arbitration of Uninsured/Underinsured Motorist Disputes |
10-1 |
| B. |
|
The Arbitration Clause as a Contract |
10-2 |
| C. |
|
The Three Statutes Which Regulate Arbitrations |
10-3 |
| D. |
|
Waiver of the Right to Arbitration |
10-8 |
| E. |
|
The Jurisdiction of Arbitrators |
10-9 |
| |
|
|
|
| |
|
|
|
| |
|
Chapter 11 - Litigation Concerning the Arbitrability of Disputes |
|
| |
|
|
|
| A. |
|
Decision to Arbitrate, Generally |
11-1 |
| B. |
|
Venue of Disputes Concerning Arbitrability |
11-2 |
| C. |
|
Procedures to Enforce Right to a Judicial Proceeding |
11-7 |
| D. |
|
Challenges to Underinsured Arbitration as Being Premature |
11-7 |
| E. |
|
The Right of Appeal from Orders Concerning Arbitrability |
11-8 |
| F. |
|
Forms |
11-10 |
| |
|
|
|
| |
|
|
|
| |
|
Chapter 12 - Procedures for Creating the Arbitration Panel |
|
| |
|
|
|
| A. |
|
Creating the Arbitration Panel: an Overview |
12-1 |
| B. |
|
Arbitration Demands |
12-1 |
| C. |
|
Procedures for Selecting Arbitrators |
12-2 |
| D. |
|
Disqualification of Arbitrators |
12-5 |
| E. |
|
Venue for Arbitrations |
12-8 |
| F. |
|
Checklists |
12-10 |
| G. |
|
Forms |
12-11 |
| |
|
|
|
| |
|
|
|
| |
|
Chapter 13 - The Conduct of the Arbitration Hearing |
|
| |
|
|
|
| A. |
|
Overview of Arbitration Hearings |
13-1 |
| B. |
|
Arbitration Proceedings, Generally |
13-3 |
| C. |
|
Evidentiary Matters |
13-8 |
| D. |
|
Forms |
13-15 |
| |
|
|
|
| |
|
|
|
| |
|
Chapter 14 - The Arbitration Award |
|
| |
|
|
|
| A. |
|
The Scope of the Arbitration Award |
14-1 |
| B. |
|
Majority Rule in Deciding Award |
14-3 |
| C. |
|
Requirement that Award be Signed |
14-4 |
| D. |
|
Phrasing of the Arbitration Award |
14-4 |
| E. |
|
Delivery of the Award |
14-6 |
| F. |
|
Finality of Arbitration Award |
14-6 |
| G. |
|
Confirmation of Award |
14-7 |
| H. |
|
Forms |
14-10 |
| |
|
|
|
| |
|
|
|
| |
|
Chapter 15 - Post Award Procedures |
|
| |
|
|
|
| A. |
|
General Considerations as to Post Award Procedures |
15-1 |
| B. |
|
Post Award Procedures Under Common Law Arbitration Act |
15-2 |
| C. |
|
Post Award Procedures Under Uniform Arbitration Act |
15-5 |
| D. |
|
Post Award Remedies Under Arbitration Act of 1927 |
15-8 |
| E. |
|
Post Award Remedies Under Federal Arbitration Act |
15-10 |
| F. |
|
Appeals from Post Arbitration Court Orders |
15-14 |
| G. |
|
Forms |
15-16 |
| |
|
|
|
| |
|
|
|
| |
|
Chapter 16 - Extra Contractual Claims |
|
| |
|
|
|
| A. |
|
42 Pa. C.S. § 8371 Insurance Company Bad Faith Claims |
16-1 |
| B. |
|
Intentional Emotional Distress Claims |
16-8 |
| C. |
|
Claims for Fraud |
16-9 |
| D. |
|
Claims Under the Unfair Trade Practices - Consumer |
|
| |
|
Protection Law |
16-11 |
| E. |
|
Rico Claims |
16-13 |
| F. |
|
Procedure for Pursuit of Extracontractual Claims |
16-14 |