The clock does not begin on an underinsured motorist claim until the insured settles with the adverse driver for less than the value of his damages, the 3rd Circuit has ruled. The insurer had argued that under Pennsylvania law, the statute of limitations starts on the accident date, and a lower court ruled that the clock starts when the insurer rejects the UIM claim. Rejecting both arguments, the court agreed with the insured that starting the clock on the settlement date is the most logical approach.
April 27, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The clock does not start running on a claim for underinsured motorist benefits until the insured settles with the adverse driver for less than the value of his damages, the 3rd U.S. Circuit Court of Appeals has ruled.
In State Farm Mutual Automobile Insurance Co. v. Rosenthal, the appellate court was forced to predict how the Pennsylvania Supreme Court would apply the four-year statute of limitations to a UIM claim.
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