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Statute of Limitations in UM/UIM Claim

March 23, 2018
Stephen Bruderle
Posted in: Automobile & Trucking

In Erie Insurance v Bristol, 160 A.3d 123 (Pa. 2017) the Pennsylvania Supreme set forth the statute of limitations in uninsured motorist claims where the policy includes an arbitration clause. The court held held that the statute of limitations commences “upon an alleged breach of a contractual duty, which in this case would be occasioned by the insurer’s denial of coverage or refusal to arbitrate.”  Where the defendant did not refuse arbitration or deny coverage, the cause of action had not yet accrued. The trial court’s granting of summary judgment is reversed and the case remanded.