Pennsylvania Consolidated Statutes

75 Pa. Cons. Stat. § 1791 (2026)

 Notice of available benefits and limits.

✓ current as of May 2026
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SUBCHAPTER I

MISCELLANEOUS PROVISIONS

 

Sec.

1791.  Notice of available benefits and limits.

1791.1. Disclosure of premium charges and tort options.

1791.2. Motorcycle marshals.

1792.  Availability of uninsured, underinsured, bodily injury liability and property damage coverages and mandatory deductibles.

1793.  Special provisions relating to premiums.

1794.  Compulsory judicial arbitration jurisdiction.

1795.  Insurance fraud reporting immunity.

1796.  Mental or physical examination of person.

1797.  Customary charges for treatment.

1798.  Attorney fees and costs.

1798.1. Extraordinary medical benefit rate.

1798.2. Transition.

1798.3. Unfunded liability report.

1798.4. Catastrophic Loss Benefits Continuation Fund.

1799.  Restraint system.

1799.1. Antitheft devices.

1799.2. Driver improvement course discounts.

1799.3. Limit on cancellations, refusals to renew, refusals to write, surcharges, rate penalties and point assignments.

1799.4. Examination of vehicle repairs.

1799.5. Conduct of market study.

1799.6. Conduct of random field surveys.

1799.7. Rates.

§ 1791.  Notice of available benefits and limits.

It shall be presumed that the insured has been advised of the benefits and limits available under this chapter provided the following notice in bold print of at least ten-point type is given to the applicant at the time of application for original coverage, and no other notice or rejection shall be required:

IMPORTANT NOTICE

Insurance companies operating in the Commonwealth of Pennsylvania are required by law to make available for purchase the following benefits for you, your spouse or other relatives or minors in your custody or in the custody of your relatives, residing in your household, occupants of your motor vehicle or persons struck by your motor vehicle:

(1)  Medical benefits, up to at least $100,000.

(1.1)  Extraordinary medical benefits, from $100,000 to $1,100,000 which may be offered in increments of $100,000.

(2)  Income loss benefits, up to at least $2,500 per month up to a maximum benefit of at least $50,000.

(3)  Accidental death benefits, up to at least $25,000.

(4)  Funeral benefits, $2,500.

(5)  As an alternative to paragraphs (1), (2), (3) and (4), a combination benefit, up to at least $177,500 of benefits in the aggregate or benefits payable up to three years from the date of the accident, whichever occurs first, subject to a limit on accidental death benefit of up to $25,000 and a limit on funeral benefit of $2,500, provided that nothing contained in this subsection shall be construed to limit, reduce, modify or change the provisions of section 1715(d) (relating to availability of adequate limits).

(6)  Uninsured, underinsured and bodily injury liability coverage up to at least $100,000 because of injury to one person in any one accident and up to at least $300,000 because of injury to two or more persons in any one accident or, at the option of the insurer, up to at least $300,000 in a single limit for these coverages, except for policies issued under the Assigned Risk Plan. Also, at least $5,000 for damage to property of others in any one accident.

Additionally, insurers may offer higher benefit levels than those enumerated above as well as additional benefits. However, an insured may elect to purchase lower benefit levels than those enumerated above.

Your signature on this notice or your payment of any renewal premium evidences your actual knowledge and understanding of the availability of these benefits and limits as well as the benefits and limits you have selected.

If you have any questions or you do not understand all of the various options available to you, contact your agent or company.

If you do not understand any of the provisions contained in this notice, contact your agent or company before you sign.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Apr. 26, 1989, P.L.13, No.4, eff. June 1, 1989; Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)

Notes of Decisions
Cited in 42 cases (3 in the last 5 years), 1988–2025 · leading case: Salazar v. Allstate Ins., 702 A.2d 1038 (Pa. 1997).
Salazar v. Allstate Ins., 702 A.2d 1038 (Pa. 1997). · cites it 8× “At the time of application for original coverage, the insurer must advise the insured of the available policy benefits and limits, presumptively established through the provision to the insured of the "Important Notice," 75 Pa.C.S. § 1791. [3] *679 4. At the time of application…”
Sackett v. Nationwide Mut. Ins., 919 A.2d 194 (Pa. 2007). · cites it 5× “In relevant part, Section 1791 of the MVFRL provides as follows: Notice of available benefits and limits — It shall be presumed that the insured has been advised of the benefits and limits available under this chapter provided the following notice in bold print of at least…”
Lewis v. Erie Ins. Exch., 793 A.2d 143 (Pa. 2002). · cites it 3× “§ 1731; Section 1731’s prescription of technical requirements governing requests for waiver/rejection, including the single-page criterion prescribed by Section 1731(c.”
Sackett v. Nationwide Mut. Ins., 940 A.2d 329 (Pa. 2007). · cites it 2× “" 75 Pa.C.S. § 1791 (emphasis supplied). In my view, this appeal remains one involving a simple issue of statutory construction that is easily resolved by resort to the MVFRL, specifically Sections 1738 and 1791.”
Smith v. Hartford Ins. Co., 849 A.2d 277 (Pa. Super. Ct. 2004). · cites it 2× “The statute *280 provides no requirement for point type, as is found in 75 Pa.C.S. § 1791. The size of the type combined with its location on the page satisfies the Webster’s Dictionary definition, of “prominent” that Smith asks us to rely on.”
Botsko v. Donegal Mut. Ins., 620 A.2d 30 (Pa. Super. Ct. 1993). · cites it 3× “In fact, the insured had not been given and had not signed the important notice required by 75 Pa.C.S. § 1791 by which he could have waived the statutory requirement and opted for a lesser coverage.”
Orsag v. Farmers New Century Ins., 15 A.3d 896 (Pa. 2011). · cites it 2× “75 Pa.C.S. § 1791. [2] For example, compare Hughes, at 539 (holding insurance application with UM/UIM coverage designation and insured's signature was sufficient for § 1734's purposes), with Brethren Mutual Insurance Company v.”
Jones v. Prudential Prop. & Cas. Ins., 856 A.2d 838 (Pa. Super. Ct. 2004). · cites it 2× “See 75 Pa.C.S. § 1791 (applicant must sign Section 1791 “Important Notice”).”
Kline v. Old Guard Ins. Co., 820 A.2d 783 (Pa. Super. Ct. 2003). · cites it 3× “¶ 6 Nonetheless, the reverse side of the “coverage selection form” contained the “Important Notice” required by 75 Pa.C.S. § 1791, which provides: § 1791.”
Wolgemuth v. Harleysville Mut. Ins., 535 A.2d 1145 (Pa. 1988). “See: 75 Pa.C.S. § 1791. 3 . The legislature has thus prevented an insured from providing greater coverage, via uninsured/underinsured coverages, for himself and his additional insureds than the amount of coverage he provides for others injured through his negligence.”
State Farm Mut. Auto. Ins. v. Hughes, 438 F. Supp. 2d 526 (E.D. Pa. 2006). · cites it 2× “” 75 Pa. Cons.Stat. § 1791. This required disclosure, entitled “IMPORTANT NOTICE,” also advises: “Your signature on this notice or your payment of any renewal premium evidences your actual knowledge and understanding of the availability of these benefits and limits as well as…”
Nationwide Ins. v. Calhoun, 635 A.2d 643 (Pa. Super. Ct. 1993). · cites it 3× “Calhoun never signed a waiver of underinsurance benefits as required by 75 Pa.C.S. § 1791 when she covered the fourth car with comprehensive insurance only.”
— 75 Pa. Cons. Stat. § 1791(6) — 2 cases
Brethren Mut. Ins. v. Triboski-Gray, 584 F. Supp. 2d 687 (M.D. Penn. 2008).
Fire & Cas. Co. v. Cook, 155 F. App'x 587 (3rd Cir. 2005).
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