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
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Originally posted at InjuryBoard by Scott Cooper

If you are a motorcyclist in Minnesota you must review your insurance policy. In particular you need to review your UIM (Underinsured Motorist ) coverage.

UIM is the coverage you buy to protect yourself over and above the coverage of the at-fault party. For example, if you are injured by a car in Minnesota which carries the state minimum limits of $30,000 in liability. If your injuries, medical bills, and wage loss are beyond that coverage, you would turn to your UIM for additional protection.

In Minnesota, UIM is not a mandatory coverage on motorcycles . On cars it is. The difference is that for cars the UIM is always a add on coverage. You add your UIM amount to the coverage of the at fault driver. But, on a motorcycle that is not always the case.

There are some companies selling difference of the limits UIM coverage for motorcycles. That means you can only receive the amount of UIM coverage you purchased, after the amount that the other party pays is deducted. Using our example from above: the other party pays $30,000, you have $30,000 in UIM. You receive $0 in additional coverage. If you had $50,000, in UIM, you would really have $20,000. Therefore, you are not getting the coverage you paid the premium for. Make sure you check you policy before it becomes important.

So to be safe-

• Check every one of your coverages.
• Make sure you have UIM and No Fault .
  
• Make sure you are getting what you paid for with the coverages.

If you still have questions, give us a call and we can look at your policy and make sure you are protected.

Originally posted at InjuryBoard by Mike Bryant

Recently, a 17-year-old boy lost control of the motorcycle he was operating as he finished passing another vehicle. He was thrown from the bike and landed on the road. The accident occurred near in South Central Pennsylvania outside of Harrisburg near Carlisle, Pennsylvania. He was wearing his helmet and was taken to the hospital with only a minor injury. This crash displays the importance of wearing a helmet while, at any time, operating or being a passenger on a motorcycle.

For more information on motorcycle safety feel free to visit SchmidtKramer PC website at schmidtkramer.com or contact a lawyer at the firm.

Originally posted at InjuryBoard by Scott Cooper

Recently, a 17-year-old boy lost control of the motorcycle he was operating as he finished passing another vehicle. He was thrown from the bike and landed on the road. The accident occurred near in South Central Pennsylvania outside of Harrisburg near Carlisle, Pennsylvania. He was wearing his helmet and was taken to the hospital with only a minor injury. This crash displays the importance of wearing a helmet while, at any time, operating or being a passenger on a motorcycle.

For more information on motorcycle safety feel free to visit SchmidtKramer PC website at schmidtkramer.com or contact a lawyer at the firm.

Originally posted at InjuryBoard by Scott Cooper

Recently, a 17-year-old boy lost control of the motorcycle he was operating as he finished passing another vehicle. He was thrown from the bike and landed on the road. The accident occurred near in South Central Pennsylvania outside of Harrisburg near Carlisle, Pennsylvania. He was wearing his helmet and was taken to the hospital with only a minor injury. This crash displays the importance of wearing a helmet while, at any time, operating or being a passenger on a motorcycle.

For more information on motorcycle safety feel free to visit SchmidtKramer PC website at schmidtkramer.com or contact a lawyer at the firm.

Originally posted at InjuryBoard by Scott Cooper