Paul E. Johnson
Post & Schell, P.C.
Four Penn Center
1600 Kennedy Blvd.
Philadelphia, PA 19103
Media & Articles
Bryan Shay and Marni Berger Provide Insight on PA Supreme Court Decision's Impact to Auto Insurance Report
In the April 8, 2019 issue of Auto Insurance Report, Bryan M. Shay and Marni Sabrina Berger were quoted in the article, "Court Ruling Rattles Stable Auto Insurance Market in Pennsylvania." The article examines the Pennsylvania Supreme Court's 5-2 decision in Gallagher v. Geico Indemnity Company that invalidated the “household vehicle exclusion” based upon what it perceived to be a conflict between the exclusion and the UM/UIM stacking provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL).
The insights came from a blog post co-authored by Mr. Shay and Ms. Berger that examines the Gallagher decision, "Pennsylvania's Highest Court Stacks the Odds Against Insurance Companies, Invalidating Household Exclusion in UM/UIM Policies."
They note in the article:
“The Supreme Court’s decision in Gallagher has far-reaching implications for insurance carriers that do business in Pennsylvania, both because of its effect on underwriting and claims handling, and because it appears to invalidate a commonly used exclusion and the substantial body of case law interpreting it. Just how far-reaching these implications are remains to be seen; however, what is clear is that Gallagher dramatically changed the landscape for insurance carriers that offer personal automobile policies in Pennsylvania.”