Legal Opinion
Daley-Sand v. West American Insurance
Supreme Court of Pennsylvania
Decided September 27, 1989No. 20PublishedCited by 63 opinions
1Opinion of the Court
JOHNSON, Judge:
This appeal presents the question of whether underinsured motorist coverage (UIM coverage) provided by the insurer as required by the Motor Vehicle Financial Responsibility Law (MVFRL), 75 Pa.C.S. §§ 1701 et seq., is sufficiently nullified by the operation of a consent to settle clause in an insurance contract so that the public policy of the Commonwealth as expressed in the MVFRL is contravened. We conclude that it is. We therefore uphold the equitable remedy fashioned by the trial court placing limits on the manner in which the insurer may withhold consent to settle with the…
2Cases cited17 opinions
- Schmidt v. ClothierSupreme Court of Minnesota · 1983
- Longworth v. Van HoutenNew Jersey Superior Court Appellate Division · 1988
- Wolgemuth v. Harleysville Mutual InsuranceSupreme Court of Pennsylvania · 1988
- American Surety Co. v. Bethlehem National BankSupreme Court of the United States · 1941
- United Services Automobile Ass'n AppealSuperior Court of Pennsylvania · 1974
12 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Nationwide Insurance Company of Columbus, Ohio v. Marcie Patterson. Marcie Patterson, Counter-Claimant v. Nationwide Insurance Company of Columbus, Ohio, Counter-Defendant, Nationwide Mutual Insurance Company of Columbus, OhioCourt of Appeals for the Third Circuit · 1991
- State Farm Mutual Automobile Insurance Company v. Leonard Coviello Mary Coviello, H/w Ann CovielloCourt of Appeals for the Third Circuit · 2000
- O'leary, Robert and O'leary, Patricia, H/w v. Liberty Mutual Insurance Co.Court of Appeals for the Third Circuit · 1991
- Jeffrey v. Erie Insurance ExchangeSuperior Court of Pennsylvania · 1993
- Boyle v. Erie InsuranceSuperior Court of Pennsylvania · 1995
58 more not listed; retrieve them via the Exa API.