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Automobile Accidents

1/30/2009
Daniel F. Monahan
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U.S. Federal Court in Pennsylvania Predicts State Supreme Court will permit uninsured motorists to collect damages directly from tortfeasor

In a significant victory for uninsured drivers who are victims of accidents through no fault of their own, a federal judge has predicted that the Pennsylvania Supreme Court is poised to lift a court-imposed ban on their seeking awards of economic damages.

In Corbin v. Khosla, PICS No. 08-2095 (E.D. Pa. Dec. 15, 2008) Slomsky, J. (10 pages), U.S. District Judge Joel H. Slomsky found that although the Pennsylvania Motor Vehicle Financial Responsibility Law specifically prohibits an uninsured motorist from recovering first-party benefits in a suit against an insurer, the law includes no such bar for suits against alleged third-party tortfeasors.



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