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75+ Attorneys in 7 Offices
Cipriani & Werner has over 75 attorneys in 7 cities with expertise in commercial litigation, civil litigation, workers’ compensation, and more.
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Cipriani & Werner has built expertise in commercial litigation, civil litigation, and workers’ compensation.
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Cipriani & Werner has offices throughout Pennsylvania, New Jersey, and West Virginia.
650 Washington Road Suite 700Pittsburgh, PA 15228Phone: (412) 563-25001011 Mumma Road Suite 201Lemoyne, PA 17043-1145Phone: (717) 975-9600450 Sentry Parkway Suite 200Blue Bell, PA 19422Phone: (610) 567-0700409 Lackawanna Ave Suite 402Scranton, PA 18503-2059Phone: (570) 347-0600155 Gaither Drive Suite BMt. Laurel, NJ 08054Phone: (856) 761-38001144 Market Street Suite 300Wheeling, WV 26003Phone: (304) 232-3600500 Virginia St. East Suite 750Charleston, WV 25301Phone: (304) 341-0500 -
C&W Journal
C&W Journal
Cipriani & Werner provides legal insight for business professionals.
May 2012 Edition
Police Report Needed For Uninsured Motorist Benefits
Source
State Farm Mutual Automobile Insurance Company v. Foster, 889 A.2d 78 (Pa. 2005)
Analysis
The policy issued by State Farm and, more importantly, the Motor Vehicle Financial Responsibility Law (MVFRL) required the filing of a police report when an accident occurs and the insured files a claim for UM benefits. The purpose of the MVFRL and the reporting requirement is to prevent fraud and increased insurance premiums. Furthermore, the carrier is not required to establish prejudice before the claimant is precluded from collecting benefits. The claimant failed to file a police report and, consequently, is not eligible to collect UM benefits.
What it Means for You
The MVFRL provisions and interpretations thereof do not require the establishment of prejudice on the part of the carrier where a claimant files a claim for UM benefits and does not file a police report. The failure to file a police report is proper grounds for the denial of UM benefits.
Journal Edition
September 2006
