Superior Court Affirms That Commercial Vehicles Must Be Provided UM & UIM Benefits

The Superior Court has shed light on an issue that, while seemingly clear, remained in question — whether Pennsylvania motor vehicle insurance carriers providing coverage for commercial fleets of vehicles were required to offer uninsured and underinsured motorist coverage and, if so, whether policyholders were required to accept or reject the coverage — and stacking — as do persons with non-commercial policies. In Egan v. USI Mid-Atlantic, Inc., the Superior Court answered the question with a “yes.” In sum, the Court held — consistent with the plain language of the Motor Vehicle Financial Responsibility Law (MVFRL), Section 1731 of the MVFRL, 75 Pa.C.S.A. § 1731, requires motor vehicle insurers to offer uninsured and underinsured motorist coverage for commercial vehicle fleets.


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