Third Circuit Predicts PA Law on UIM Statute of Limitations

In State Farm v. Rosenthal, the Third Circuit was asked to review an insurer’s declaratory judgment action against an insured alleging that his underinsured motorist claim was time barred by Pennsylvania’s four-year statute of limitations on contract claims. In Rosenthal, the Third Circuit affirmed the ruling for the insured on alternate grounds, based on a prediction that the Pennsylvania Supreme Court would start running the statute of limitations on the date on which an insured settles with or obtains an award from the adverse driver for less than the value of his damages.

If you would like to obtain a copy of the opinion or have any questions or comments about the case, please contact Tom Gebler at 412-355-4975 or tgebler@margolisedelstein.com.