§ 1798.2. Transition.
(a) Savings provision.--Notwithstanding the repeal of Subchapter F (relating to Catastrophic Loss Trust Fund)
by the act of December 12, 1988 (P.L.1120, No.144), all natural persons who suffer
or suffered a catastrophic loss prior to June 1, 1989, or who may suffer a catastrophic
loss during the registration year for which payment was made in accordance with former
section 1762 (relating to funding), respectively, shall continue to receive, or be
eligible to receive, catastrophic loss benefits as if Subchapter F had not been repealed.
To ensure the administration and delivery of catastrophic loss benefits to eligible
claimants, all powers and duties previously imposed on the Catastrophic Loss Trust
Fund Board under Subchapter F are hereby transferred to the Insurance Commissioner.
(b) Rate filing.--All insurers shall, within 30 days of the effective date of this section, file for
approval by the Insurance Commissioner an extraordinary medical benefit rate pursuant
to section 1798.1(a) (relating to extraordinary medical benefit rate). Any insurer
having an approved rate for catastrophic loss coverage on the effective date of this
section shall utilize that approved rate.
(c) Notice.--For extraordinary medical benefit rate filings approved after the effective date of
this section, the insurer shall provide the following notice to all policyholders
no later than 30 days from the date of approval, which notice shall not be subject
to any provision of any law or regulation requiring the approval of the Insurance
Commissioner prior to its adoption or use:
IMPORTANT NOTICE
EXTRAORDINARY MEDICAL BENEFITS
By virtue of recent amendment to the Motor Vehicle Financial Responsibility Law, as
of June 1, 1989, the first party benefits coverage may be extended to provide an extraordinary
medical benefit which will pay the medical and rehabilitation costs for you and your
family members residing in your household which are more than $100,000 for each person
injured as the result of an automobile accident, up to a lifetime benefit limit of
$1,000,000 for each person. The cost of this extraordinary medical benefit coverage
on an annual basis is $ per vehicle. If you wish to purchase the extraordinary medical benefit coverage, please
notify your agent or insurance company for additional information. If you do not wish
to purchase extraordinary medical benefit coverage, please disregard this notice.
(Apr. 26, 1989, P.L.13, No.4, eff. imd.; July 1, 1989, P.L.115, No.24, eff. imd.)
1989 Amendments. Act 4 added section 1798.2, retroactive to December 12, 1988, and Act 24 amended subsec.
(a).
References in Text. Subchapter F and section 1762, referred to in this section, are repealed.
Cross References. Section 1798.2 is referred to in section 1798.4 of this title.
Notes of Decisions
Bumberger v. Commonwealth, Ins. Dep't, 638 A.2d 948 (Pa. 1994).
· cites it 4× “This appeal involves three cases consolidated in the Commonwealth Court for review of a common question, whether the Insurance Commissioner properly interpreted Act 4 of 1989, 75 Pa.C.S. § 1798.2, in denying catastrophic loss benefits.”
Young v. Ins. Dep't, 604 A.2d 1105 (Pa. Commw. Ct. 1992).
“The so-called savings provision, 75 Pa.C.S. § 1798.2(a), enacted by the Legislature, provides as follows: § 1798.”
Stiffler v. Ins. Comm'r of Pennsylvania, 786 A.2d 296 (Pa. Commw. Ct. 2001).
“13, as amended, 75 Pa.C.S. § 1798.2(a). In other words, benefits for these persons remain payable as if the Trust Fund legislation had not been repealed.”
Bickerton v. Ins. Comm'r, 808 A.2d 971 (Pa. Commw. Ct. 2002).
“13, as amended, 75 Pa.C.S. § 1798.2(a). In other words, benefits for these persons remain payable as if the Trust Fund legislation had not been repealed.”
Ins. Dep't of Commonwealth v. Allstate Ins., 896 A.2d 1 (Pa. Commw. Ct. 2006).
· cites it 2× “or Canada; (2) the injury occurred in a vehicle registered with the Pennsylvania Department of Transportation; (3) the registrant paid the annual fee for the Catastrophic Loss Trust Fund; and (4) the applicant incurred medical expenses up to the $100,000 initial threshold.”
Stiffler v. Ins. Com'r of Com., 786 A.2d 296 (Pa. Commw. Ct. 2001).
“13, as amended, 75 Pa.C.S. § 1798.2(a). In other words, benefits for these persons remain payable as if the Trust Fund legislation had not been repealed.”
— 75 Pa. Cons. Stat. § 1798.2(a) — 6 cases
Young v. Ins. Dep't, 604 A.2d 1105 (Pa. Commw. Ct. 1992).
“The so-called savings provision, 75 Pa.C.S. § 1798.2(a), enacted by the Legislature, provides as follows: § 1798.”
Bumberger v. Commonwealth, Ins. Dep't, 638 A.2d 948 (Pa. 1994).
“This appeal involves three cases consolidated in the Commonwealth Court for review of a common question, whether the Insurance Commissioner properly interpreted Act 4 of 1989, 75 Pa.C.S. § 1798.2, in denying catastrophic loss benefits.”
Stiffler v. Ins. Comm'r of Pennsylvania, 786 A.2d 296 (Pa. Commw. Ct. 2001).
“13, as amended, 75 Pa.C.S. § 1798.2(a). In other words, benefits for these persons remain payable as if the Trust Fund legislation had not been repealed.”
Bickerton v. Ins. Comm'r, 808 A.2d 971 (Pa. Commw. Ct. 2002).
“13, as amended, 75 Pa.C.S. § 1798.2(a). In other words, benefits for these persons remain payable as if the Trust Fund legislation had not been repealed.”
Ins. Dep't of Commonwealth v. Allstate Ins., 896 A.2d 1 (Pa. Commw. Ct. 2006).
“or Canada; (2) the injury occurred in a vehicle registered with the Pennsylvania Department of Transportation; (3) the registrant paid the annual fee for the Catastrophic Loss Trust Fund; and (4) the applicant incurred medical expenses up to the $100,000 initial threshold.”
— 75 Pa. Cons. Stat. § 1798.2(c) — 1 case
Bumberger v. Commonwealth, Ins. Dep't, 638 A.2d 948 (Pa. 1994).
“This appeal involves three cases consolidated in the Commonwealth Court for review of a common question, whether the Insurance Commissioner properly interpreted Act 4 of 1989, 75 Pa.C.S. § 1798.2, in denying catastrophic loss benefits.”
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