underinsured motorist claim (Pennsylvania) · Go Syfert
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underinsured motorist claim in Pennsylvania

7 Pennsylvania opinions name it 5 courts 1983–2026 1 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 (4)

CaseFollowedCited
Pennsylvania Glass Sand Corporation v. Caterpillar Tractor Companygreen
ca3 · 1981 · cited in 1 Pennsylvania opinions naming this issue, 2013–2013
1 sentence

2013In Rosenthal , the Third Circuit Court of Appeals considered the proper triggering event for the statute of limitations of an underinsured motorist claim, and reasoned: Because this case involves a novel question of Pennsylvania law not addressed by the Supreme Court of the Commonwealth, our task “is to predict how that court would rule.” Pa. Glass Sand Corp. v. Caterpillar Tractor Co., 652 F.2d 1165, 1167 (3d Cir.1981).

11
Boyle v. State Farm Mutual Automobile Insurancegreen
pasuperct · 1983 · cited in 1 Pennsylvania opinions naming this issue, 2013–2013
2 sentences

2013Co. [ 310 Pa.Super. 10 ], 456 A.2d 156, 159-60 (Pa.Super.1983), “[an action by an insured against his automobile insurance carrier essentially sounds in contract rather than in tort.]” As explained in Boyle, the fact that the underlying occurrence sounds in tort law has no bearing upon the determination of an underinsured motorist claim.

2013Co. [ 310 Pa.Super. 10 ], 456 A.2d 156, 159-60 (Pa.Super.1983), “[an action by an insured against his automobile insurance carrier essentially sounds in contract rather than in tort.]” As explained in Boyle, the fact that the underlying occurrence sounds in tort law has no bearing upon the determination of an underinsured motorist claim.

11
Evans v. Otis Elevator Co.green
pa · 1961 · cited in 1 Pennsylvania opinions naming this issue, 1990–1990
2 sentences

1990See Evans v. Otis Elevator Co., 403 Pa. 13 , 168 A.2d 573 (1961).

1990See Evans v. Otis Elevator Co., 403 Pa. 13 , 168 A.2d 573 (1961).

11
White v. Concord Mutual Insurancegreen
pasuperct · 1982 · cited in 1 Pennsylvania opinions naming this issue, 1983–1983
1 sentence

1983See White v. Concord Mutual Insurance Company, 442 A.2d 713 (1982); Commonwealth v. Barnes & Tucker, 9 Pa. Commw. 1 , 303 A.2d 544 (1973); and Prudential Property and Casualty Company v. Pont, 489 F. Supp. 9 (E.D.

11

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 (7)

CaseCitedYears
Brown v. Progressive Insurance green
pasuperct · 2004
1 sentence

2026Id. at 500 . ____________________________________________ 6 Oil City further argues that Amalgamated could have raised the argument that it was not an insurance company after receiving the complaint, but instead responded to the complaint with policy-based defenses and litigated it until the limitations period expired, when it moved for summary judgment.

12026–2026
Hopkins v. Erie Insurance green
pasuperct · 2013
2 sentences

2016Id. at 455 .

2016Hopkins, 65 A.3d at 459 .

12016–2016
Sprague v. Walter green
pasuperct · 1995
2 sentences

2000Kirkbride, supra; Sprague v. Walter, 441 Pa. Super. 1 , 656 A.2d 890 (1995), alloc. denied, 543 Pa. 695 , 670 A.2d 142 (1996), 543 Pa. 730 , 673 A.2d 336 (1996). (12) Courts have upheld and endorsed punitive damages awards of $150,000 where the underlying underinsured motorist claim was only $15,000 — a 10 to one ratio and the ratio of around one percent of the defendant’s net worth for a punitive damages award.

2000Kirkbride, supra; Sprague v. Walter, 441 Pa. Super. 1 , 656 A.2d 890 (1995), alloc. denied, 543 Pa. 695 , 670 A.2d 142 (1996), 543 Pa. 730 , 673 A.2d 336 (1996). (12) Courts have upheld and endorsed punitive damages awards of $150,000 where the underlying underinsured motorist claim was only $15,000 — a 10 to one ratio and the ratio of around one percent of the defendant’s net worth for a punitive damages award.

12000–2000
Brennan v. General Accident Fire & Life Assurance Corp. green
pa · 1990
2 sentences

1995Moreover, our Supreme Court in Brennan v. General Accident Fire & Life, 524 Pa. 542 , 574 A.2d 580 (1990) discussed the broad scope of the arbitrators and commented that the arbitrators could decide all disputes between the insurer and insured in an underinsured motorist claim.

1995Moreover, our Supreme Court in Brennan v. General Accident Fire & Life, 524 Pa. 542 , 574 A.2d 580 (1990) discussed the broad scope of the arbitrators and commented that the arbitrators could decide all disputes between the insurer and insured in an underinsured motorist claim.

11995–1995
Azpell v. Old Republic Insurance green
pa · 1991
2 sentences

1995State Farm argues that Azpell v. Old Republic Insurance Company, 526 Pa. 179 , 584 A.2d 950 (1991) tempers the above case authority and reserves to the trial court the right to decide a matter of jurisdiction.

1995State Farm argues that Azpell v. Old Republic Insurance Company, 526 Pa. 179 , 584 A.2d 950 (1991) tempers the above case authority and reserves to the trial court the right to decide a matter of jurisdiction.

11995–1995
Commonwealth v. Barnes & Tucker Co. green
pacommwct · 1973
2 sentences

1983See White v. Concord Mutual Insurance Company, 442 A.2d 713 (1982); Commonwealth v. Barnes & Tucker, 9 Pa. Commw. 1 , 303 A.2d 544 (1973); and Prudential Property and Casualty Company v. Pont, 489 F. Supp. 9 (E.D.

1983See White v. Concord Mutual Insurance Company, 442 A.2d 713 (1982); Commonwealth v. Barnes & Tucker, 9 Pa. Commw. 1 , 303 A.2d 544 (1973); and Prudential Property and Casualty Company v. Pont, 489 F. Supp. 9 (E.D.

11983–1983
Prudential Property & Casualty Insurance v. Pont green
paed · 1979
1 sentence

1983See White v. Concord Mutual Insurance Company, 442 A.2d 713 (1982); Commonwealth v. Barnes & Tucker, 9 Pa. Commw. 1 , 303 A.2d 544 (1973); and Prudential Property and Casualty Company v. Pont, 489 F. Supp. 9 (E.D.

11983–1983

Where else courts name it

OH 96 (1990–2011) CT 31 (1991–2024) IL 17 (2000–2026) NY 10 (1992–2013) PA 7 (1983–2026) CA 7 (1994–2026) KS 7 (1989–2000) MN 6 (1984–2007) TX 6 (1997–2019) WA 5 (1992–2003) IN 5 (1990–2026) FL 4 (2009–2024) ID 3 (1999–2015) IA 3 (2005–2023) MT 3 (2003–2015) RI 3 (1991–2002) ND 3 (2011–2016) MA 2 (1995–2003) CO 2 (2015–2024) AR 2 (2014–2016) NJ 2 (1998–2004) UT 2 (2004–2025)

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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