Burstein v. Prudential Property & Casualty Insurance

The central public policy at issue in this appeal is expressly established by the General Assembly and embodied in the statutory requirement that companies providing motor vehicle insurance coverage in Pennsylvania must offer UM and UIM coverage to the insurance buying public. See 75 Pa.C.S. § 1781(a). Fundamental questions thus presented are: what precisely was the General Assembly’s conception of UM and UIM insurance when it first mandated such coverage; if it did not have a fixed understanding, to whom did it intend to delegate the determination of what must be offered; and have the…