Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
SUBCHAPTER D
ASSIGNED RISK PLAN
Sec.
1741. Establishment.
1742. Scope of plan.
1743. Rates.
1744. Termination of policies.
Cross References. Subchapter D is referred to in sections 1787, 1792 of this title.
§ 1741. Establishment.
The Insurance Department shall, after consultation with the insurers licensed to write
motor vehicle liability insurance in this Commonwealth, adopt a reasonable Assigned
Risk Plan for the equitable apportionment among those insurers of applicants for motor
vehicle liability insurance who are entitled to, but are unable to, procure insurance
through ordinary methods. When the plan has been adopted, all motor vehicle liability
insurers shall subscribe thereto and shall participate in the plan. The plan may provide
reasonable means for the transfer of individuals insured thereunder into the ordinary
market, at the same or lower rates, pursuant to regulations established by the department.
Notes of Decisions
Cited in
15
cases, 1987–2001 · leading case:
Donnelly v. Bauer, 720 A.2d 447 (Pa. 1998).
Donnelly v. Bauer, 720 A.2d 447 (Pa. 1998).
· cites it 2× “[5] The Pennsylvania Assigned Risk Plan, adopted by the Pennsylvania Insurance Department pursuant to 75 Pa.C.S. § 1741, provides for the equitable apportionment among insurers providing automobile insurance to Pennsylvania residents of applicants who are entitled to insurance…”
Prof'l Ins. Agents Ass'n of Pa., Md., & De., Inc. v. Chronister, 625 A.2d 1314 (Pa. Commw. Ct. 1993).
· cites it 10× “2 of the Plan’s rules, addressing the mandatory and voluntary take-out provisions respectively, are invalid, because they were not created pursuant to regulations established by the Department, as allegedly required by 75 Pa.C.S. § 1741, and because they were not promulgated…”
Erie Ins. Exch. v. Mason, 594 A.2d 741 (Pa. Super. Ct. 1991).
“2d 50 (1991) (Judgment on the pleadings in favor of insurer based upon plaintiffs ownership of an *524 uninsured vehicle, reversed since 75 Pa.C.S. § 1741 precludes owners of registered but uninsured vehicles from recovering only first party benefits.”
Seidman v. Ins. Comm'r, 532 A.2d 917 (Pa. Commw. Ct. 1987).
“26, 75 Pa. C. S. §1741. For the sake of simplicity, the Pennsylvania Automobile Insurance Plan will sometimes be referred to as the “Plan”.”
Pia of Pa., Md. & Del. v. Koken, 777 A.2d 1179 (Pa. Commw. Ct. 2001).
· cites it 7× “The Plan is an unincorporated association of insurance carriers created pursuant to 75 Pa.C.S. § 1741. 7. All insurance companies that are licensed to write motor vehicle liability insurance in Pennsylvania are required to be members of the Plan.”
Pennsylvania Assigned Risk Plan v. Grode, 526 A.2d 849 (Pa. Commw. Ct. 1987).
“The Plan is an incorporated association of motor vehicle insurers within the Commonwealth of Pennsylvania created pursuant to Section 1741 of the Motor Vehicle Financial Responsibility Láw (Law), 75 Pa. C. S. §1741. The purpose of the Plan is to provide for “equitable…”
Prof'l Ins. Agents v. Chronister, 625 A.2d 1314 (Pa. Commw. Ct. 1993).
· cites it 10× “2 of the Plan's rules, addressing the mandatory and voluntary take-out provisions respectively, are invalid, because they were not created pursuant to regulations established by the Department, as allegedly required by 75 Pa.C.S. § 1741, and because they were not promulgated…”
Erie Ins. Co. v. Dep't of Ins., 654 A.2d 44 (Pa. Commw. Ct. 1994).
“The Pennsylvania Assigned Risk Plan was established by Section 1741 of the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. § 1741. . In her adjudication, the Commissioner determined that Erie failed to prove that it mailed the questionnaires.”
Pestcoe v. Nisenzone, 27 Pa. D. & C.4th 26 (1995).
· cites it 2× “Plaintiffs also contend that PA-1000 assigned claims plan notices are invalid as they are contrary to section 1705.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.