uninsured motorists clause (Pennsylvania) · Go Syfert
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uninsured motorists clause in Pennsylvania

5 Pennsylvania opinions name it 2 courts 1974–1982 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
SHAMEY v. St. Farm Mut. Auto. I. Co.green
pasuperct · 1974 · cited in 2 Pennsylvania opinions naming this issue, 1978–1981
2 sentences

1981See also Shamey v. State Farm Mutual Automobile Insurance Company, 229 Pa.Super. 215 , 331 A.2d 498 (1974) (An uninsured motorists clause in an insurance contract must be interpreted to effect the legislative intent, and any conditions or restrictions in the policy in derogation of that end are void as against public policy).

1981See also Shamey v. State Farm Mutual Automobile Insurance Company, 229 Pa.Super. 215 , 331 A.2d 498 (1974) (An uninsured motorists clause in an insurance contract must be interpreted to effect the legislative intent, and any conditions or restrictions in the policy in derogation of that end are void as against public policy).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Rhault v. Tsagarakos green
vtd · 1973
2 sentences

1974The court held: "Insofar as the clause restricts the insured's right to compromise and settle his claim against financially responsible motorists who might be liable to him, it is contrary to the purpose of the statute and against its policy." Id. at 207 .

1974The court held: “Insofar as the clause restricts the insured’s right to compromise and settle his claim against financially responsible motorists who might be liable to him, it is contrary to the purpose of the statute and against its policy.” Id. at 207 .

21974–1974
Harleysville Mutual Insurance v. Medycki green
pa · 1968
2 sentences

1982Allstate Insurance Co. v. McMonagle, 449 Pa. 362 , 296 A.2d 738 (1972); Pennsylvania General Insurance Co. v. Barr, 435 Pa. 456 , 257 A.2d 550 (1969); Harleysville Mutual Insurance Co. v. Medycki, supra 431 Pa. at 69 , 244 A.2d at 656 ; Henderson v. State Farm Mutual Insurance Co., supra; Hartford Insurance Group v. Kassler, 227 Pa.Super.Ct. 47 , 324 A.2d 521 (1974). 15 In Medycki , our Supreme Court stated: It is an oversimplification to assert that the denial of coverage by appellant (insurer) ipso facto removes the uninsured motorists clause from the policy and with it the arbitration provi

1982Allstate Insurance Co. v. McMonagle, 449 Pa. 362 , 296 A.2d 738 (1972); Pennsylvania General Insurance Co. v. Barr, 435 Pa. 456 , 257 A.2d 550 (1969); Harleysville Mutual Insurance Co. v. Medycki, supra 431 Pa. at 69 , 244 A.2d at 656 ; Henderson v. State Farm Mutual Insurance Co., supra; Hartford Insurance Group v. Kassler, 227 Pa.Super.Ct. 47 , 324 A.2d 521 (1974). 15 In Medycki , our Supreme Court stated: It is an oversimplification to assert that the denial of coverage by appellant (insurer) ipso facto removes the uninsured motorists clause from the policy and with it the arbitration provi

11982–1982
Pennsylvania General Insurance v. Barr green
pa · 1969
2 sentences

1982Allstate Insurance Co. v. McMonagle, 449 Pa. 362 , 296 A.2d 738 (1972); Pennsylvania General Insurance Co. v. Barr, 435 Pa. 456 , 257 A.2d 550 (1969); Harleysville Mutual Insurance Co. v. Medycki, supra 431 Pa. at 69 , 244 A.2d at 656 ; Henderson v. State Farm Mutual Insurance Co., supra; Hartford Insurance Group v. Kassler, 227 Pa.Super.Ct. 47 , 324 A.2d 521 (1974). 15 In Medycki , our Supreme Court stated: It is an oversimplification to assert that the denial of coverage by appellant (insurer) ipso facto removes the uninsured motorists clause from the policy and with it the arbitration provi

1982Allstate Insurance Co. v. McMonagle, 449 Pa. 362 , 296 A.2d 738 (1972); Pennsylvania General Insurance Co. v. Barr, 435 Pa. 456 , 257 A.2d 550 (1969); Harleysville Mutual Insurance Co. v. Medycki, supra 431 Pa. at 69 , 244 A.2d at 656 ; Henderson v. State Farm Mutual Insurance Co., supra; Hartford Insurance Group v. Kassler, 227 Pa.Super.Ct. 47 , 324 A.2d 521 (1974). 15 In Medycki , our Supreme Court stated: It is an oversimplification to assert that the denial of coverage by appellant (insurer) ipso facto removes the uninsured motorists clause from the policy and with it the arbitration provi

11982–1982
Allstate Insurance v. McMonagle green
pa · 1972
2 sentences

1982Allstate Insurance Co. v. McMonagle, 449 Pa. 362 , 296 A.2d 738 (1972); Pennsylvania General Insurance Co. v. Barr, 435 Pa. 456 , 257 A.2d 550 (1969); Harleysville Mutual Insurance Co. v. Medycki, supra 431 Pa. at 69 , 244 A.2d at 656 ; Henderson v. State Farm Mutual Insurance Co., supra; Hartford Insurance Group v. Kassler, 227 Pa.Super.Ct. 47 , 324 A.2d 521 (1974). 15 In Medycki , our Supreme Court stated: It is an oversimplification to assert that the denial of coverage by appellant (insurer) ipso facto removes the uninsured motorists clause from the policy and with it the arbitration provi

1982Allstate Insurance Co. v. McMonagle, 449 Pa. 362 , 296 A.2d 738 (1972); Pennsylvania General Insurance Co. v. Barr, 435 Pa. 456 , 257 A.2d 550 (1969); Harleysville Mutual Insurance Co. v. Medycki, supra 431 Pa. at 69 , 244 A.2d at 656 ; Henderson v. State Farm Mutual Insurance Co., supra; Hartford Insurance Group v. Kassler, 227 Pa.Super.Ct. 47 , 324 A.2d 521 (1974). 15 In Medycki , our Supreme Court stated: It is an oversimplification to assert that the denial of coverage by appellant (insurer) ipso facto removes the uninsured motorists clause from the policy and with it the arbitration provi

11982–1982
Hartford Insurance Group v. Kassler green
pasuperct · 1974
2 sentences

1982Allstate Insurance Co. v. McMonagle, 449 Pa. 362 , 296 A.2d 738 (1972); Pennsylvania General Insurance Co. v. Barr, 435 Pa. 456 , 257 A.2d 550 (1969); Harleysville Mutual Insurance Co. v. Medycki, supra 431 Pa. at 69 , 244 A.2d at 656 ; Henderson v. State Farm Mutual Insurance Co., supra; Hartford Insurance Group v. Kassler, 227 Pa.Super.Ct. 47 , 324 A.2d 521 (1974). 15 In Medycki , our Supreme Court stated: It is an oversimplification to assert that the denial of coverage by appellant (insurer) ipso facto removes the uninsured motorists clause from the policy and with it the arbitration provi

1982Allstate Insurance Co. v. McMonagle, 449 Pa. 362 , 296 A.2d 738 (1972); Pennsylvania General Insurance Co. v. Barr, 435 Pa. 456 , 257 A.2d 550 (1969); Harleysville Mutual Insurance Co. v. Medycki, supra 431 Pa. at 69 , 244 A.2d at 656 ; Henderson v. State Farm Mutual Insurance Co., supra; Hartford Insurance Group v. Kassler, 227 Pa.Super.Ct. 47 , 324 A.2d 521 (1974). 15 In Medycki , our Supreme Court stated: It is an oversimplification to assert that the denial of coverage by appellant (insurer) ipso facto removes the uninsured motorists clause from the policy and with it the arbitration provi

11982–1982
United Services Automobile Ass'n Appeal green
pasuperct · 1974
2 sentences

1978Co., 229 Pa. Superior Ct. 215 , 331 A. 2d 498, 501 (1974): “Thus, to the extent that it is possible, an uninsured motorists clause in an insurance contract must be interpreted to effect that legislative intent, and any conditions or restrictions in the policy in derogation of that end are void as against public policy.” Thus, in United Services Automobile Association Appeal, 227 Pa. Superior Ct. 508 , 323 A. 2d 737 (1974), the Supreme Court held a physical contact rule to be invalid as not within the intent of the legislature.

1978Co., 229 Pa. Superior Ct. 215 , 331 A. 2d 498, 501 (1974): “Thus, to the extent that it is possible, an uninsured motorists clause in an insurance contract must be interpreted to effect that legislative intent, and any conditions or restrictions in the policy in derogation of that end are void as against public policy.” Thus, in United Services Automobile Association Appeal, 227 Pa. Superior Ct. 508 , 323 A. 2d 737 (1974), the Supreme Court held a physical contact rule to be invalid as not within the intent of the legislature.

11978–1978

Where else courts name it

PA 5 (1974–1982) MS 4 (1969–1986) OH 2 (2001–2002) NJ 2 (2005–2025) LA 2 (1966–1982)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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