Christopher W. Woodward, left, and Allison L. Krupp, right, of Marshall Dennehey. Courtesy photos '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.
August 20, 2024 at 08:00 AM
7 minute read
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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.
The Supreme Court first considered whether its prior decisions in Burstein and Williams—two cases which found regular use exclusions valid—were controlling precedent. The court recognized that, if it were to hold for the Rushes and find regular use exclusions invalid, it would necessarily have to overrule those prior decisions.
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