BURSTEIN v. PRUDENTIAL PROPERTY AND CAS.


809 A.2d 204 (2002)

Sid BURSTEIN and Doreen Burstein, H/W, Appellees, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant.

Supreme Court of Pennsylvania.

Decided July 17, 2002.

Reargument Denied September 26, 2002.


Attorney(s) appearing for the Case

Charles W. Craven, Philadelphia, for Prudential Property Casualty Insurance Company.

Christine P. Busch, James C. Haggerty, Philadelphia, for Pennsylvania Defense Institute.

Milton J. Frank, Philadelphia, for Sid and Doreen Berstein.

Dale G. Larrimore, Philadelphia, for Pennsylvania Trial Lawyers Association.

Before: FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, and SAYLOR, JJ.


OPINION

Chief Justice ZAPPALA.

We granted allocatur to determine whether the "regularly used, non-owned car" exclusion and its ensuing contractual restraint on underinsured motorist (UIM) coverage portability violate public policy. For the reasons that follow, we reverse the order of the Superior Court.

On September 4, 1993, Sid and Doreen Burstein were driving in Lower Southampton, Pennsylvania. A speeding motorcyclist struck their...

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