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The Pennsylvania Superior Court opinion yesterday (September 13,2011) in Allstate Fire and Casualty Insurance Company v. Hymes reviewed the validity of the "household exclusion" in a case where someone was injured after being thrown from the motorcycle he was operating after colliding with a car. In this case, the injured driver was operating his motorcycle and collided with a car. He was thrown from the car and then injured.

He did not have underinsured (UIM) motorist coverage on the motorcycle but sought UIM coverage on his parent’s policy with Allstate which excluded the coverage if he was injured while "on" the motorcycle. He argued that since the injuries were sustained while not "on" the motorcycle, but after being thrown "off" of it, that the exclusion did not apply.

The Superior Court concludes that the injuries were the direct result of the injured driver’s operation of his motorcycle while "on" it. Therefore, it concludes and holds that recovery of UIM benefits was excluded under the household exclusion.

http://www.pacourts.us/OpPosting/Superior/out/a10040_11.pdf

Scott B. Cooper

Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
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scooper@schmidtkramer.com
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