PHILADELPHIA – Litigation involving a State Farm Insurance policyholder, who claimed she was improperly denied underinsured motorist (UIM) benefits from her insurance company after an automobile accident that took place in Philadelphia nearly two years ago, has a pre-trial conference this summer.

Per a case management order issued by Philadelphia County Court of Common Pleas Judge Arnold L. New on Sept. 15, 2017, the judge formerly presiding over the case before Judge Shelley Robins-New, directed that a pre-trial conference was scheduled subsequent to June 4. Before that time, all counsel will file detailed pre-trial memorandums, consisting of case summaries, witness and evidence lists, an itemized list of damages, a list of insurance carriers and the anticipated length of trial. As such, the trial is expected to begin on July 2.

Sharon Price of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on June 1, 2017 against State Farm Fire & Casualty Company, of Concordville.

Price, a State Farm policyholder, said she was the victim of an automobile accident on Belmont Avenue in Philadelphia on Nov. 24, 2015, caused by the other driver involved, Paul Harmon. Price claimed she suffered internal derangement of the left shoulder, thoracic disc bulge, multiple cervical disc bulges and other injuries in the accident.

Both motorists were State Farm policyholders, with Harmon’s policy covering him for $15,000 per person and $30,000 per accident. State Farm tendered the $30,000 policy limits to resolve multiple claims, of which Price received $7,500.

In the case of Price’s coverage, the State Farm policy she possessed included UIM coverage up to $60,000 – and since Harmon did not possess liability coverage of a great enough amount to compensate Price, she said she filed such a claim with the company to pay for her medical care, and was denied.

“Furthermore, in addition to all the injuries and losses suffered by the plaintiff, plaintiff has also incurred or will incur medical, rehabilitative and other related expenses in an amount equal to and/or in excess of the basic personal injury protection benefits required by the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. Section 1701, et.seq., as amended, and/or Worker’s Compensation benefits pursuant to Act 57, and for which plaintiff makes a claim for payment in the present action,” the suit said.

For a single count of breach of contract, the plaintiff is seeking judgment against the defendant for damages, interest and costs in excess of $50,000 in this matter.

The plaintiff is represented by Marc F. Greenfield of Spear Greenfield Richman & Weitz, in Philadelphia.

The defendant is represented by Earl R. Uehling, also in Philadelphia.

Philadelphia County Court of Common Pleas case 170504419

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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Philadelphia County Court of Common Pleas Spear, Greenfield, Richman & Weitz, P.C.




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