Legal Opinion

Erie Insurance Exchange v. Lake

Supreme Court of Pennsylvania

Decided February 23, 1996No. 23 Western District Appeal Docket 1995PublishedCited by 28 opinions

1Opinion of the Court

*366 OPINION

CAPPY, Justice:

This appeal presents the question of whether Act 781 permits the recision of a policy of automobile insurance on the basis of fraud, where the fraud could not have reasonably been discovered, within the 60 day period after the policy was issued. For the reasons that follow we conclude, with the limited exceptions as set forth herein, that the insurer does not have the ability to rescind the policy of insurance, beyond the 60 day period immediately following issuance of the policy. Accordingly, we affirm the decision of the learned Superior Court.

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2Cases cited5 opinions

  1. Motley v. State Farm Mutual Automobile InsuranceSupreme Court of Pennsylvania · 1983
  2. Klopp v. Keystone Ins. CompaniesSupreme Court of Pennsylvania · 1991
  3. Metropolitan Property & Liability Insurance v. Insurance CommissionerSupreme Court of Pennsylvania · 1987
  4. Metropolitan Property & Liability Insurance v. Insurance CommissionerSupreme Court of Pennsylvania · 1990
  5. Safeguard Mutual Insurance v. HugginsSuperior Court of Pennsylvania · 1976

3Cited by28 opinions

  1. Harkrider v. PoseySupreme Court of Oklahoma · 2000
  2. Prudential v. Estate of Rojo-PachecoCourt of Appeals of Arizona · 1997
  3. National Insurance Ass'n v. PeachCourt of Appeals of Kentucky · 1996
  4. Delta Diagnostic Radiology, P.C. v. Infinity GroupAppellate Terms of the Supreme Court of New York · 2015
  5. Optimal Well-Being Chiropractic, P.C. v. Infinity Ins.Appellate Terms of the Supreme Court of New York · 2014

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