In Pennsylvania, as in most states, motor vehicle insurance is heavily regulated.  The Pennsylvania Motor Vehicle Financial Responsibility Law ("MVFRL"), 75 Pa.C.S.A. §1701, et seq., is a particularly detailed, often confusing statute which governs nearly all aspects of motor vehicle insurance.

    The Pennsylvania Legislature enacted the "Act 6" amendments to the MVFRL during 1990.  These amendments include, among other things, various cost containment measures which allow insurance carriers to limit or eliminate various coverages.  However, the Act 6 amendment requires that insurance companies afford insureds (and potential insureds) numerous guarantees designed to ensure that no coverage is waived unknowingly, unintelligently or involuntarily.  A vast array of litigation has resulted from the alleged failure of insurance companies to comply with the guarantees afforded in this regard.

    The Motor Vehicle Insurance Litigation Group in Swartz Campbell LLC has been at the forefront of defending many of the leading cases involving automobile insurance coverage.  See e.g. Washington v. Baxter (Pa. Supreme Court 1998, determining the definition of the term "serious injury" as used in the limited tort statute); Donnelly v. Bauer/Havel v. McCarry (Pa. Supreme Court 1998, determining validity of forms used to allow insurers tort threshold election under MVFRL (amicus)); Lucas v. Progressive Mutual Insurance Company (Pa. Supreme Court 1997, determining validity of forms waiving uninsured coverage); Henderson v. National Car Rental Systems, Inc. (Pa. Supreme Court 1994, holding that first party benefits are not required to be provided to the unauthorized user of a rental vehicle); Hart v. Nationwide Insurance Company (Pa. Supreme Court 1995, upholding the family member exclusion in an automobile policy (amicus)); Bamber v. Lumberman's Insurance Company (Pa. Superior Court 1996, no obligation to provide UIM coverage upon an out of state policy); Treski v. Kemper National Insurance Companies (Pa. Superior Court 1996, class action, no duty to advise of coverage limitations imposed by foreign states); St. Paul Mercury Insurance Company v. Corbett (en banc Pa. Superior Court 1994, uninsured/underinsured coverage does not extend under antique auto policy); Marino v. General Accident Insurance Company (Pa. Superior Court 1993, enforcing the "use for hire" exclusion in an automobile policy); Gift v. Nationwide Insurance Company (Eastern District of Pennsylvania 1998, determining that non-permissive use of vehicle prevents passenger from recovery of uninsured motorist benefits); DeSilva v. Kemper Insurance Company (Eastern District of Pennsylvania 1993, precluding underinsured motorist benefits coverage under commercial auto policy).