Erie Insurance Company Loses Pennsylvania Motor Vehicle Policy Exclusion Claim
Erie Insurance Company tried to prevent a Pennsylvania automobile insurance policy holder from recovering under the Uninsured Motorist coverage that they paid for. The claim by Erie Insurance was that their Uninsured Motorist Coverage provisions excluded coverage if you were struck while in your motor vehicle by another vehicle that was designed for use "mainly off of public roads."
In the case of Burdick v. Erie Insurance Group, the Burdicks were suddenly faced by a dirt bike that came from a private road and into their lane of travel. The Burdicks ended up striking the dirt bike and then they ran into a ditch. As a result, the Burdicks were injured. Erie Insurance tried to claim the Burdicks could not recover under their Uninsured Motorist Coverage (the dirt bike was uninsured) due to this policy exclusion. Thankfully, the Superior Court of Pennsylvania held that Erie's policy exclusion was contrary to public policy and violated the Motor Vehicle Financial Responsibility Law, and the Burdick's were allowed to proceed with their claims.
As Philadelphia Automobile Accident Lawyers we help injury victims receive compensation under automobile insurance coverage including Uninsured and Underinsured Motorist Coverage. We help pedestrians, motorcyclists, bicyclists, drivers and passengers of motor vehicles. Should you be involved in an accident, email or call us for a free consultation.
