Pennsylvania National Mutual Casualty Co. v. Black

The majority concludes that there is no public policy in the Motor Vehicle Financial Responsibility Law (“MVFRL”), 75 Pa.C.S. § 1701 et seq., that is offended by application of the set-off provision in the automobile insurance policy (“Policy”) that Appellant Penn National Mutual Casualty Insurance Company (“Penn National”) issued, and that the cost containment objective of the statute is reason enough to allow the set-off’s enforcement. I disagree, and therefore, respectfully dissent.

This Court has articulated a test for determining whether an insurance contract term is unenforceable because…