Court Upholds Contract Exclusion for Drivers of Loaner Cars

Posted on: June 26th, 2012       Attorney Thomas Newell

A 2009 ruling of the PA Superior Court denied the ability of a Pennsylvania personal injury victim to obtain an additional recovery from an excess automobile insurance policy. A woman was rear-ended by a drunk driver who was driving a service loaner car from an auto dealership. The insurance company paid its policy limit.

The Pennsylvania car accident attorney filed suit versus the car dealership and its insurance company. He claimed that his client should be able to make a recovery against the dealership’s excess insurance coverage. The Wyoming County PA trial judge ruled that the exclusion in the excess policy for drivers of loaner cars was clear and unambiguous. The Appeals Court affirmed this decision. Kropa v. Gateway Ford, 974 A.2d 502 (PA Super. 2009)

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