Insured Request In Writing to Reduce Limits for UM/UMI Coverage
Are an Agent's Actions Enough to Meet the Requirements of Section 1734 or Should the Insured Himself Request in Writing to Reduce Limits for UM-UMI Coverage ?
In Motorists Insurance Companies v. Emig, 444 Pa. Super. 524, 664 A.2d 559 (Pa. Super. 1995), which is accurately explained by the majority Opinion, the insurer was attempting to avoid coverage for UIM benefits in the amount of the policy's bodily injury liability limits and was instead claiming that the insured had elected to reduce the coverage amount for UIM.
The Court concluded that, under section 1734, an insured must have requested reduced limits for UM/UIM coverage in writing for the insurer to provide such coverage in an amount not equal to the policy's bodily injury liability limits.
Further, the Court held the agent's actions were not sufficient to meet the requirements of section 1734; the actions must be by the insured.