A 2008 decision by the Superior Court of Pennsylvania closely examined the issue of Pennsylvania uninsured motorist (UM) insurance and an ATV accident. A driver of an all-terrain vehicle lost control while riding on private property resulting in a passenger being ejected from the ATV.
A Pennsylvania uninsured motorist lawyer filed a UM case against Nationwide Mutual Insurance Company which insured 2 automobiles owned by the passenger’s father. The attorney for Nationwide filed a Motion for Declaratory Judgment claiming that there was no valid PA uninsured motorist claim. Judge O’Brien of the Allegheny County Court of Common Pleas denied the motion and permitted a UM claim to be made.
The PA Superior Court ruled that Nationwide’s exclusion for Pennsylvania uninsured motorist claims pertaining to off-road vehicles involved in accidents off public roads was valid. Since the ATV was not a covered uninsured motor vehicle at the time of the crash, there could not be a valid PA uninsured motorist claim. Nationwide Mut. Ins. Co. v. Yungwirth, 940 A.2d 523 (Pa. Super. 2008)
