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Court Denies UIM Coverage to Woman, Claiming ‘Family Member’ Status Through Daughter

Miller v. USAA General Indemnity Company, No. 23-1934 (3d Cir. Jan. 7, 2025) - The plaintiff, who resided with her daughter in the home of her daughter’s paternal grandmother, sought UIM benefits under an auto insurance...more

Middle District Upholds Regular Use Exclusion in the Wake of Rush and Takes One Step Further

Dayton v. The Automobile Ins. Co. of Hartford, Connecticut, 2024 WL 1745041 (M.D. Pa. Apr. 23, 2024) - Datyon was injured while operating his employer’s vehicle and subsequently submitted a claim for underinsured motorist...more

Three Recent Third Circuit Decisions Underline Validity of Regular Use Exclusion and Household Vehicle Exclusion—under the...

Eberly v. LM Gen. Ins. Co., No. 21-2995 (3d Cir. Aug. 1, 2024); Burton v. Progressive Adv. Ins. Co., No. 23-1574 (3d Cir. Aug. 6, 2024); and Mid-Century Ins. Co. v. Werley, No. 23-1822 (3d Cir. Sept. 5, 2024) - In Eberly v....more

Household Vehicle Exclusion Once Again Enforced—Under the Appropriate Facts

The household vehicle exclusion has once again been proven to be viable and enforceable—under the right circumstances. Major was using her mother’s vehicle when she was struck by another vehicle operated by Cruz. Major...more

Pennsylvania Supreme Court Confirms the Validity of ‘Regular Use Exclusions’

Following the Pennsylvania Superior Court determination that “regular use exclusions” in UM/UIM policies violated the Motor Vehicle Financial Responsibility Law (MVFRL) in 2021, and in light of the post-Gallagher decisions,...more

Regular Use Exclusion Lives—for Liability Claims, at Least

Progressive’s insured, Frisbie, had been driving her brother’s vehicle for approximately a month while her own vehicle was experiencing mechanical issues. During this time, Frisbie had possession of her brother’s vehicle for...more

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