Christopher W Woodward

Christopher W Woodward

August 20, 2024 | The Legal Intelligencer

'Regular Use Exclusions' Stand: Pa. Supreme Court's Latest Ruling Post-'Gallagher'

After the Pennsylvania Superior Court determined in 2021 that "regular use exclusions" in UM/UIM policies violate the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL), and in a post-Gallagher legal landscape, some were ready to put the regular use exclusion to rest for good. Now, however, in Rush v. Erie Insurance Exchange, 308 A.3d 780 (Pa. Jan. 29, 2024), the Pennsylvania Supreme Court, in a lengthy majority opinion, has confirmed that the regular use exclusion remains very much alive.

By Allison L. Krupp and Christopher W. Woodward

7 minute read