Safe Auto v. Oriental-Guillermo Pet of: Jimenez

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

M.D. Appeal Dkt. 26 MAP 2018

SAFE AUTO INSURANCE COMPANY : No. 791 MAL 2017 : :

v. : Petition for Allowance of Appeal from : the Order of the Superior Court :

RENE ORIENTAL-GUILLERMO, RACHEL : DIXON, PRISCILA JIMENEZ, LUIS : JIMENEZ, ALLI LICONA AVILA AND IRIS : VELAZQUEZ :

: :

PETITION OF: PRISCILA JIMENEZ & : LUIS JIMENEZ :

ORDER

PER CURIAM

AND NOW, this 4th day of June, 2018, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by Petitioners, are:

a. Did the Superior Court err as a matter of law in finding that the unlisted resident driver exclusion in a Personal Auto Policy is valid and enforceable and not violative of the terms and provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. § 1701, et. seq.?

b. Did the Superior Court err as a matter of law in finding that the unlisted resident driver exclusion in a Personal Auto Policy is valid and enforceable and not violative of the public policy of the Commonwealth of Pennsylvania as embodied in § 1786 of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. § 1786, which implicitly directs that all permissive users of an insured vehicle be insured under the owner’s insurance policy?