An automobile insurance policy that limits underinsured motorist benefits to an amount less than the policy limit when the insured first collects from another policy violates the mandate in Pennsylvania’s Motor Vehicle Financial Responsibility Law to provide excess coverage, the state Supreme Court has ruled.
The split decision in Generette v. Donegal Mutual Insurance Co., PICS No. 08-1806 (Pa. Oct. 23, 2008) Baer, J.; Saylor, J., dissenting and concurring; Eakin, J., dissenting (31 pages) means that a passenger who is injured in a crash is not barred from receiving the full benefits of his or her own auto insurance by the limits of the policy that covers the car in which he or she was riding.
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