Pennsylvania Supreme Court Revisits Notice Requirement in UM Cases, by Daniel E. Cummins, TORT TALK

http://www.perma.cc/085wjhMSgfT

In an uninsured motorist benefits case that has gone all the way up the appellate ladder, back down again, and, now, all the way back up, the Pennsylvania Supreme Court in the matter of Vanderhoff v. Harleysville, No. 98 MAP 2012 (Pa. October 30, 2013)(Opinion by Eakin, J.), the court addressed the following issues:

(1) What constitutes “actual prejudice” to relieve and insurance company of its obligation to pay insurance benefits to an insured?

(2) Should “actual prejudice” involve proof by an insurance carrier that it suffered a real material impairment of its ability to investigation and defend an uninsured claim?

(3) What constitutes a reasonable basis for a trial court finding that prejudice exists in a late report of a phantom vehicle?

In its majority Opinion, the Court essentially held that all three issues are really part of the same test.