Toth v. Donegal Companies

OPINION BY

FORD ELLIOTT, P.J.:

¶ 1 Donegal Mutual Insurance Company (“Donegal”) appeals the order of August 22, 2007, granting Darla J. Toth’s (“Toth”) motion for summary judgment. Toth was in a motor vehicle accident and subsequently filed a claim for underinsured motorist (“UIM”) benefits under her policy with Donegal, which denied the claim on the basis that Toth had rejected UIM coverage. The trial court determined that the form rejecting UIM coverage was void because it was not signed by Toth, the first named insured, as required by the MVFRL; 1 rather, the form was signed by Toth’s…