UIM claim in Pennsylvania

2025Co., 791 A.2d 378, 383 (Pa. Super. 2002) (agreeing that, Section 8371 permits a litigant to recover attorneys’ fees incurred in pursuing the underlying UIM claim, as well as the bad faith claim). - 15 - J-A18009-25 At the damages trial, Michael O.

2025Co., 791 A.2d 378, 383 (Pa. Super. 2002) (agreeing that, Section 8371 permits a litigant to recover attorneys’ fees incurred in pursuing the underlying UIM claim, as well as the bad faith claim). - 15 - J-A18009-25 At the damages trial, Michael O.

2006Consequently, no carrier may deny its insured’s UIM claim on a pretext or fail to conduct a plausible investigation because evidence otherwise available, although limited, ostensibly supports denying the claim, See Brown, 860 A.2d at 501 (quoting Romano, 646 A.2d at 1232 ).

2006See Brown, 860 A.2d at 500 (“An individual making a UIM claim is making a first party claim, however the valuation of that claim may follow traditional third party claimant concepts[.]”).

2007The concurring statement to Williams , filed by then-President Judge Steven McEwen does state: [I] hasten to join in each of the conclusions reached in that opinion [of the majority] and write only to emphasize that our decision today does not preclude a finding, under circumstances differing from those of the instant case, that an insurer has a duty to make a partial payment of a UM or UIM claim when timely requested by the insured, where there can be no dispute as to the entitlement of the insured to the amount requested under the policy, even where the insured contends that additional sums

2007The concurring statement to Williams , filed by then-President Judge Steven McEwen does state: [I] hasten to join in each of the conclusions reached in that opinion [of the majority] and write only to emphasize that our decision today does not preclude a finding, under circumstances differing from those of the instant case, that an insurer has a duty to make a partial payment of a UM or UIM claim when timely requested by the insured, where there can be no dispute as to the entitlement of the insured to the amount requested under the policy, even where the insured contends that additional sums

2003Mutual denied the UIM claim under the family car. exclusion, which provided that an underinsured motor vehicle did not include any vehicle “[ojwned by or furnished or available for the regular use of you or any ‘family member.’ ” Id. at 447 , 591 A.2d at 292 .

2003Mutual denied the UIM claim under the family car. exclusion, which provided that an underinsured motor vehicle did not include any vehicle “[ojwned by or furnished or available for the regular use of you or any ‘family member.’ ” Id. at 447 , 591 A.2d at 292 .

2025Bd. of Allegheny Cnty., 246 A.2d 110, 115 (Pa. 1968), citing Murray v. Prudential Insur.

2025Bd. of Allegheny Cnty., 246 A.2d 110, 115 (Pa. 1968), citing Murray v. Prudential Insur.

2025However, we note a UIM claim on Winner’s behalf in relation to the May 27, 2021 , accident was never investigated or processed by Defendants.

2025However, we note a UIM claim on Winner’s behalf in relation to the May 27, 2021 , accident was never investigated or processed by Defendants.

2025Exch. v. Backmeier, 287 A.3d 931, 938 (Pa. Super. 2022) (citation omitted), appeal denied, 303 A.3d 421 (Pa. 2023). -2- J-A18009-25 29, 2016, Erie Insurance filed a petition to modify the arbitration award with the Court of Common Pleas of Montgomery County.

2025Exch. v. Backmeier, 287 A.3d 931, 938 (Pa. Super. 2022) (citation omitted), appeal denied, 303 A.3d 421 (Pa. 2023). -2- J-A18009-25 29, 2016, Erie Insurance filed a petition to modify the arbitration award with the Court of Common Pleas of Montgomery County.

2024A UIM claim may be brought where an insurer fails to provide UIM coverage to an insured who has not declined such coverage and the “insured sustains injuries that are severe enough to warrant recovery beyond what the victim receives from the tortfeasor’s insurer.” Heller v. Pennsylvania League of Cities and Municipalities, 32 A.3d 1213, 1225 (Pa. 2011); see also 75 Pa.C.S. § 1731(c). - 19 - J-A01032-24 J-A01033-24 J-A01034-24 Orders affirmed.

2024A UIM claim may be brought where an insurer fails to provide UIM coverage to an insured who has not declined such coverage and the “insured sustains injuries that are severe enough to warrant recovery beyond what the victim receives from the tortfeasor’s insurer.” Heller v. Pennsylvania League of Cities and Municipalities, 32 A.3d 1213, 1225 (Pa. 2011); see also 75 Pa.C.S. § 1731(c). - 19 - J-A01032-24 J-A01033-24 J-A01034-24 Orders affirmed.

2023Co., 895 A.2d 530, 533 (Pa. 2006) (“[T]he Craleys sought uninsured motorist benefits under Randall Craley’s motor vehicle insurance policy. . . .

2017The only logical purpose for a date is to eliminate disputes about when such a waiver was effective.”); Lieb, 640 Fed.

2017See Ford 154 A.3d at 245 ; Petty v. Federated Mutual Insurance Company, 152 A.3d 1020, 1025-26 (Pa. Super. 2016)(holding minor deviations from Section 1731(c) waiver form did not require waiver to be declared void). ____________________________________________ 1 As noted by the majority, the paragraphs that went unselected by Appellee were entitled “Selection of Limits” and “Underinsured Coverage Limits.” -5-

2017See Ford 154 A.3d at 245 ; Petty v. Federated Mutual Insurance Company, 152 A.3d 1020, 1025-26 (Pa. Super. 2016)(holding minor deviations from Section 1731(c) waiver form did not require waiver to be declared void). ____________________________________________ 1 As noted by the majority, the paragraphs that went unselected by Appellee were entitled “Selection of Limits” and “Underinsured Coverage Limits.” -5-

2014Co., 282 Ga. App. 734, 738 , 639 S.E.2d 352, 357 (2006) (prohibiting insureds “from mentioning their insurance contract with Horace Mann” in UIM trial, and “omitting the word ‘Insurance’ from Horace Mann’s name, instead referring to the company as ‘the Horace Mann companies.’”).

2014Co., 282 Ga. App. 734, 738 , 639 S.E.2d 352, 357 (2006) (prohibiting insureds “from mentioning their insurance contract with Horace Mann” in UIM trial, and “omitting the word ‘Insurance’ from Horace Mann’s name, instead referring to the company as ‘the Horace Mann companies.’”).

2014Co., 153 P.3d 312, 318 (Alaska 2007) (trial court did not abuse its discretion in refusing to advise jury about auto insurer’s status as the UIM carrier and the nature of UIM claim); Morton v. Horace Mann Ins.

2011In its analysis of Pa.R.C.P. 2229(b), the trial court erroneously applied the reasoning of various common pleas courts favoring “the tort claim and the UIM issue proceeding as one case.” Trial Court Opinion, 2/17/10, at 8; see, e.g., Bradish-Klein v. Kennedy, 2009 WL 6919625 , 13 Pa. D. & C. 5th 445 (Beaver County C.C.P., December 3, 2009) (listing cases).

2009“An issue is important if the interests that would potentially go unprotected without immediate appellate review of that issue are significant relative to the efficiency interest, which is the avoidance of piecemeal litigation of appeals, sought to be advanced by the final judgment rule.” Vertical Resources, Inc. v. Bramlett, 837 A.2d 1193, 1200 (Pa.Super.2003). ¶ 17 Appellant advances the public policy argument that “given that the insurance industry is pervasively dropping the mandatory arbitration clause from the standard insurance policy, the courts in the Commonwealth of Pennsylvania are

2009"An issue is important if the interests that would potentially go unprotected without immediate appellate review of that issue are significant relative to the efficiency interest, which is the avoidance of piecemeal litigation of appeals, sought to be advanced by the final judgment rule." Vertical Resources, Inc. v. Bramlett, 837 A.2d 1193, 1200 (Pa.Super.2003). ¶ 17 Appellant advances the public policy argument that "given that the insurance industry is pervasively dropping the mandatory arbitration clause from the standard insurance policy, the courts in the Commonwealth of Pennsylvania are