Burke v. Valley Lines, Inc.

POPOVICH, Judge:

This is an appeal from the order of the Court of Common Pleas of Armstrong County which granted appellees’ motion for post-trial relief. Herein, we are presented with a question of first impression: Whether an injured motorist is required to obtain the full policy limit under his own uninsured motorist coverage before he may collect a judgment from a tortfeasor who is covered by the Pennsylvania Insurance Guaranty Association Act?

Our answer is that, as a general rule, an injured person may not settle with his uninsured motorist carrier for less than the policy limits and then…