Pennsylvania Auto Insurance

NOTICE OF AVAILABILITY

Under the laws of the Commonwealth of Pennsylvania, insurers are required to remind policy holders at every renewal about the availability of two alternatives of full tort insurance and limited tort insurance, and of premium discounts. (Title 75 Section 1791.1 Subsection (b) and (c) of the Pennsylvania Consolidated Statutes).

TORT OPTIONS

The law gives you the right to choose either of the following two tort options:

A. “Limited Tort” Option – “This form of insurance limits your right and the rights of members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy and may seek recovery for all medical and other out-of-pocket expenses, but not for pain and suffering or other nonmonetary damages unless the injuries suffered fall within the definitions of “serious injury” as set forth in the policy, or unless one of several other exceptions noted in the policy applies.” (See the Definition of Serious Injury and Exceptions in this brochure)

B. “Full Tort” Option – “This form of insurance allows you to maintain an unrestricted right for yourself and other members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance you and the other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses and may also seek financial compensation for pain and suffering and other nonmonetary damages as a result of injuries caused by other drivers.”

YOUR TORT OPTION

The tort option that currently applies to your policy is shown on the billing notice under SPECIAL RATING. The “Limited Tort” option is provided at a lesser premium than the “Full Tort” option. If you wish to change the tort option, you must notify your agent, broker or company and request and complete the appropriate form.

DEFINITION OF SERIOUS INJURY AND EXCEPTIONS

“SERIOUS INJURY” means a personal injury resulting in death, serious impairment of body functions or permanent serious disfigurement.

EXCEPTIONS

A named insured or relative remains eligible to seek noneconomic loss if the sustained injury:

1. is a serious injury.

2. results as the consequences of the fault of another person who:

a. is convicted, or accepts Accelerated Rehabilitated Disposition (ARD)

for driving under the influence of alcohol or a controlled substance

in an accident.

b. is operation a motor vehicle registered in another state;

c. intends to injure himself or another person, provided that an individual

does not intentionally injure himself or another person merely because

his act or failure to act is intentional or done with his realization that it

creates a grave risk of causing the injury or the act of omission causing

the injury is for the purpose of averting bodily harm to himself or another

person; or

d. has not maintained financial responsibility as required by the

Pennsylvania Motor Vehicle Financial Responsibility Law. However,

this exception, (2) (d), shall not affect the insured’s limitation to recover

economic loss under any Uninsured or Underinsured Motorists

Coverages provided by this or any other policy.

3. is the basis for a claim against a person in the business of designing, manufacturing, repairing, servicing or otherwise maintaining motor vehicles arising out of a defect in such motor vehicle which is caused by or not corrected by an act or omission in the course of such business, other than a defect in a motor vehicle which is operated by such business.

4. occurs while occupying a motor vehicle other than a private passenger motor vehicle.