Rush, M. v. Erie Insurance Exchange, Pet ( 2022 )

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.[.]