A November 2008 ruling by the PA Supreme Court provides even more opportunities for Pennsylvania underinsured motorist (UIM) claim victims to receive full compensation for their car accident injuries. A police officer was rear-ended while on patrol. The Defendant’s insurance company paid its policy limits.
Even though a credit of the full UIM policy limit for case number 1 was given, Nationwide denied this PA underinsured motorist claim. A Delaware County Trial Judge agreed with Nationwide’s position that the failure to exhaust UIM policy #1 precluded a second Pennsylvania underinsured motorist claim. The PA Superior Court overruled this decision by stating that the lack of exhaustion had no relevance since a 100% credit was given.
