Pennsylvania Consolidated Statutes

75 Pa. Cons. Stat. § 1791.1 (2026)

Disclosure of premium charges and tort options.

✓ current as of May 2026

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§ 1791.1. Disclosure of premium charges and tort options.

(a) Invoice.--At the time of application for original coverage and every renewal thereafter, an insurer must provide to an insured an itemized invoice listing the minimum motor vehicle insurance coverage levels mandated by the Commonwealth and the premium charge for the insured to purchase the minimum mandated coverages. The invoice must contain the following notice in print of no less than ten-point type:

The laws of the Commonwealth of Pennsylvania, as enacted by the General Assembly, only require that you purchase liability and first-party medical benefit coverages. Any additional coverages or coverages in excess of the limits required by law are provided only at your request as enhancements to basic coverages.

The insurer shall provide the itemized invoice to the insured in conjunction with the declaration of coverage limits and premiums for the insured's existing coverages.

(b) Notice of tort options.--In addition to the invoice required under subsection (a), an insurer must, at the time of application for original coverage for private passenger motor vehicle insurance and every renewal thereafter, provide to an insured the following notice of the availability of two alternatives of full tort insurance and limited tort insurance described in section 1705(c) and (d) (relating to election of tort options):

The laws of the Commonwealth of Pennsylvania give you the right to choose either of the following two tort options:

A. "Limited Tort" Option--This form of insurance limits your right and the rights of members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses, but not for pain and suffering or other nonmonetary damages unless the injuries suffered fall within the definition of "serious injury," as set forth in the policy, or unless one of several other exceptions noted in the policy applies.

B. "Full Tort" Option--This form of insurance allows you to maintain an unrestricted right for yourself and other members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses and may also seek financial compensation for pain and suffering or other nonmonetary damages as a result of injuries caused by other drivers.

If you wish to change the tort option that currently applies to your policy, you must notify your agent, broker or company and request and complete the appropriate form.

(c) Notice of premium discounts.--Except where the commissioner has determined that an insurer may omit a discount because the discount is duplicative of other discounts or is specifically reflected in the insurer's experience, at the time of application for original coverage and every renewal thereafter, an insurer must provide to an insured a notice stating that discounts are available for drivers who meet the requirements of sections 1799 (relating to restraint system), 1799.1 (relating to antitheft devices) and 1799.2 (relating to driver improvement course discounts).

(d) Additional information.--Upon an oral or written request, an insurer subject to this chapter shall provide to the requestor information on the requestor's cost to purchase from the insurer the minimum requested automobile insurance coverages under either of the two tort options described in subsection (b). These requirements shall include the request for and provision of information by telephone.

(Feb. 7, 1990, P.L.11, No.6, eff. imd.)

1990 Amendment. Act 6 added section 1791.1. Section 32 of Act 6 provided that section 1791.1 shall apply to all policies issued or renewed on and after July 1, 1990.

Notes of Decisions

Cited in 17 cases, 1995–2005 · leading case: Salazar v. Allstate Ins., 702 A.2d 1038 (Pa. 1997).

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Salazar v. Allstate Ins., 702 A.2d 1038 (Pa. 1997). · cites it 16× “1 of the Motor Vehicle Financial Responsibility Law (MVFRL), [1] 75 Pa.C.S. § 1791.1. [2] For the reasons which follow, we conclude *661 that sections 1731, 1791, and 1791.”

Donnelly v. Bauer, 720 A.2d 447 (Pa. 1998). · cites it 8× “[2] When each appellant applied for their original insurance policies, they received a notice required by 75 Pa.C.S. § 1791.1 which explained the difference between the limited tort option and the full tort option.”

Lewis v. Erie Ins. Exch., 793 A.2d 143 (Pa. 2002). “l); the directive for a specific, written request in order to specify applicable limits for UM/UIM coverage, see 75 Pa.”

Kline v. Old Guard Ins. Co., 820 A.2d 783 (Pa. Super. Ct. 2003). “However, the plaintiff-insured argued that he had not received the disclosures mandated by 75 Pa.C.S. § 1791.1 (relating to disclosure of premium charges and tort options), and the Supreme Court agreed that the statute’s provisions had been violated.”

Delpopolo v. Nemetz, 710 A.2d 92 (Pa. Super. Ct. 1998). “75 Pa.C.S. § 1791.1(b) (emphasis added). While Section 1791.”

Musto v. Pennsylvania Ins. Dep't, 683 A.2d 1325 (Pa. Commw. Ct. 1996). “75 Pa.C.S. § 1791.1 requires an insurer to notify the insured, in writing at every renewal, of the availability of two alternatives of full tort and limited tort insurance.”

Flowers v. Smith, 33 Pa. D. & C.4th 298 (1996). “” See 75 Pa.C.S. §1702. If plaintiff has sustained such an injury, then she is entitled to recover for noneconomic injuries, notwithstanding her limited tort election.”

Ratchford v. Florey Ins. Agency, 72 Pa. D. & C.4th 1 (2005). · cites it 4× “(75 Pa.C.S. §1791.1.) Without full tort coverage, Mr.”

Tasso v. Young, 33 Pa. D. & C.4th 393 (1996). · cites it 5× “The limited tort election form provided by Progressive and executed by plaintiff complies with 75 Pa.C.S. §1791.1, entitled “Disclosure of Premium Charges and Tort Options” as well as with applicable Pennsylvania Insurance De *397 partment regulations.”

Pestcoe v. Nisenzone, 27 Pa. D. & C.4th 26 (1995). · cites it 4× “75 Pa.C.S. §1791.1. The section 1791.1 notice does not require cost comparisons.”

Thomas v. George, 33 Pa. D. & C.4th 165 (1996). · cites it 2× “75 Pa.C.S. §1791.1. Notably, the section 1791.”

West v. Gustafson, 29 Pa. D. & C.4th 434 (1995). · cites it 2× “§1791; “(d) Alternatively, said notice is invalid because it is not in bold print of at least 10-point type; “(e) The invoice (received by plaintiff Latone) does not contain language in at least 10-point type required by 75 Pa.C.S. §1791.1; “(f) At the time of application,…”

Show all 17 citing cases →

— 75 Pa. Cons. Stat. § 1791.1(a) — 1 case

Salazar v. Allstate Ins., 702 A.2d 1038 (Pa. 1997). “1 of the Motor Vehicle Financial Responsibility Law (MVFRL), [1] 75 Pa.C.S. § 1791.1. [2] For the reasons which follow, we conclude *661 that sections 1731, 1791, and 1791.”

— 75 Pa. Cons. Stat. § 1791.1(b) — 9 cases

Donnelly v. Bauer, 720 A.2d 447 (Pa. 1998). “[2] When each appellant applied for their original insurance policies, they received a notice required by 75 Pa.C.S. § 1791.1 which explained the difference between the limited tort option and the full tort option.”

Delpopolo v. Nemetz, 710 A.2d 92 (Pa. Super. Ct. 1998). “75 Pa.C.S. § 1791.1(b) (emphasis added). While Section 1791.”

Ratchford v. Florey Ins. Agency, 72 Pa. D. & C.4th 1 (2005). “(75 Pa.C.S. §1791.1.) Without full tort coverage, Mr.”

— 75 Pa. Cons. Stat. § 1791.1(d) — 1 case

Pestcoe v. Nisenzone, 27 Pa. D. & C.4th 26 (1995). “75 Pa.C.S. §1791.1. The section 1791.1 notice does not require cost comparisons.”

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