IN THIS ISSUE

LANDMARK DECISION TO ALTER UM AND UIM LITIGATION IN PENNSYLVANIA
Louis Hockman, Esquire and Lawrence Sarowitz, Esquire

EMOTIONAL DISTRESS FOR LOSS OF FETUS IN NEW YORK? THE COURT CHANGES THE RULES

Lauren Mazarra, Esquire & Henry Achiron, Esquire

NEW YORK UNDERTAKES A SUMMARY JURY TRIAL INITIATIVE

Jay M. Solomon, Esq. and James N. Zeris, Esquire

JERK & JOLT CASES IN NEW YORK

Peter Frucchione, Esquire and Richard Gash, Esquire

MSZL&M PREVAILS ON SUMMARY JUDGMENT FOR LANDOWNER ON LACK OF NOTICE AND ON ITS FAILURE TO CREAT CONDITION
Michele McCarthy, Esquire and Kevin Kelly, Esquire

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LANDMARK DECISION TO ALTER UM AND UIM LITIGATION IN PENNSYLVANIA

By Louis Hockman, Esquire and Lawrence Sarowitz, Esquire

In this long awaited decision, the Pennsylvania Supreme Court held that the Insurance Department of Pennsylvania has neither express nor implied authority to require automobile insurers to include a mandatory arbitration clause for litigation of uninsured and underinsured motorist claims in Pennsylvania. This decision will dramatically affect UM and UIM litigation in the Commonwealth.

Pre IFP v. Koken:

Before January 1, 1964, neither statute nor regulation addressed UM or UIM insurance coverage in Pennsylvania. In August, 1963, the legislature passed the United Uninsured Motorist Act, but this did not address arbitration. However, Regulation 14, effective January 1, 1964, issued to implement the Act, referenced various forms of arbitration. Specifically, Section 8 of Regulation 14 set forth a general arbitration provision requiring UM disputes to be settled by arbitration, in accordance with the American Arbitration Association Rules. In time, the current system evolved employing a procedure in which each party chooses an arbitrator and that party's arbitrator, in turn, selected a neutral arbitrator. As a result, the insurance department required mandatory arbitration of UM claims.

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	VOLUME 14 April 2006