Automobile Law Supreme Ct. reverses decision in Gisler regarding  non-owned, regularly used car exclusion

The Pennsylvania Supreme Court reversed the Superior Court decision in Prudential v. Gisler on Sept. 5 in light of the court�s recent decision in Burstein v. Prudential.

The Supreme Court ruled in July in the Burstein case that a non-owned, regularly used car exclusion was not a violation of public policy. In Gisler, a patrol officer was injured while using the patrol car. The officer settled with the third-party carrier and made a UIM claim with his personal policy. That policy had a non-owned, regularly used car exclusion. 

The Superior Court ruled in favor of the officer, saying that the exclusion was invalid as it was against public policy. The Supreme Court said in its opinion, �the judgment of the Superior Court entered Dec. 22, 2000 is hereby REVERSED based upon this court�s decision in Burstein v. Prudential Property and Casualty Insurance Company�holding that the regularly used, non-owned car exclusion contained in petitioner�s automobile insurance policy comports with the underlying policies of the Motor Vehicle Financial Responsibility Law.�
Justice Saylor dissented. He would remand to the Superior Court for consideration in light of Burstein.   

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