The statute of limitations for an underinsured motorist claim in Pennsylvania starts running when the policyholder settles with or gets a judgment against a third-party tortfeasor, the state Superior Court has ruled in an issue of first impression.
In so holding, the three-judge panel declined to endorse the theory of plaintiffs Tammy and Joseph Hopkins that the four-year statute of limitations in a UIM claim started to run when Erie Insurance Co. denied their claim for benefits, as opposed to the date of settlement in the tort claim. The court also dismissed claims that Erie acted in bad faith and that, accordingly, the trial court should have exercised its equitable powers in advancing the UIM claims.
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