The impact of Gallagher v. Geico has begun to be felt across Pennsylvania as the door has opened to a slew of lawsuits dealing with Under and Uninsured Motorist coverage. On January 23, 2019, the Pennsylvania Supreme Court has held that the household vehicle exclusion contained in a policy of motor vehicle insurance violated Section 1738 of the Motor Vehicle Financial Responsibility Law (“MVFRL”) because the exclusion impermissibly acted as a de facto waiver of stacked uninsured and underinsured motorist coverage.
This ruling, In Gallagher v. Geico , 35 WAP 2017 drastically helps all individuals with automobile insurance. The ruling will allow many individuals to utilize all of the coverage they pay for and stops insurance companies from utilizing a loop hole to limit your coverage.
In April 2019, U.S. District Judge Mark Kearney of the Eastern District of Pennsylvania ruled in Butta v. Geico that the Supreme Court’s January decision in Gallagher v. Geico should apply retroactively. Judge Kearney’s opinion focused on how the Pennsylvania Supreme Court would rule as to whether Gallagher v. Geico was to apply retroactively. The U.S. District Judge determined that the PA Supreme Court did not create new PA law, but merely interpreted an existing one and it should therefore apply retroactively. Attorneys have already filed several class actions against Geico, Allstate, Pennsylvania National Mutual Casualty Insurance Co., Donegal Mutual Insurance and USAA, seeking damages as far back as 1990 when the PA Motor Vehicle Financial Responsibility Law was first passed.
This is important news for any injured motorcyclist who also owned an automobile at the time of the accident and was denied UIM/UM benefits under the automobile policy. Since the decision is retroactive you may be able to recover additional compensation depending on how long ago the accident occurred. You should reach out to an experienced Philadelphia Motorcycle lawyer immediately. Troy Crichton, Esq. may be able to get you additional compensation. Contact us for your free case evaluation. All of our personal injury cases are handled on a contingency basis, so you won’t pay unless you receive a monetary award for your case. Call (267) 225-3317 today for free consultation.
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