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Lori Miller Wins Motion for Summary Judgment to Deem Plaintiff Bound by the Limited Tort Threshold

The Philadelphia Court of Common Pleas granted Defendant’s Motion for Summary Judgment to Deem Plaintiff Bound by the Limited Tort Threshold. At the time of the accident, Plaintiff was operating a vehicle insured under a limited tort insurance policy. Simultaneously, she was also a resident relative under a full tort policy. Under 75 Pa.C.S. § 1705(b)(2) of the Pennsylvania Motor Vehicle Financial Responsibility Law, Ms. Miller argued that Plaintiff was deemed bound by the limited tort threshold because in a scenario such as this, where “more than one private passenger motor vehicle policies were applicable” and the policies had “conflicting” tort options, the insured would be deemed bound by the tort option of the policy covering the vehicle in which she was an “occupant” at the time of the incident. Accordingly, the Court agreed and granted Defendant’s Motion for Summary Judgment to Deem Plaintiff Bound by the Limited Tort Threshold.