Rush, M. v. Erie Insurance Exchange, Pet

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

MATTHEW RUSH AND KATHLEEN : No. 37 MAL 2022 MCGROGAN-RUSH, :

:

Respondents : Petition for Allowance of Appeal : from the Order of the Superior Court :

v. :

: :

ERIE INSURANCE EXCHANGE, :

:

Petitioner :

ORDER

PER CURIAM

AND NOW, this 27th day of June, 2022, the Petition for Allowance of Appeal is

GRANTED. The issue, as stated by Petitioner, is:

Whether the decision of the three-judge panel of the Superior Court is in direct conflict with the Pennsylvania Supreme Court decisions in Burstein v. Prudential Prop. & Cas. Ins. Co., 809 A.2d 204 (Pa. 2002) and Williams v. GEICO Gov’t Emps. Ins. Co., 32 A.3d 1195 (Pa. 2011) and whether the Superior Court erred as a matter of law by finding that the “regular use exclusion” contained in Pennsylvania auto insurance policies violates the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.[ ] [§] 1701, et. seq.[.]