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DLP Victory For Accident Victims In The Pennsylvania Superior Court

Recently, Pennsylvania Personal Injury Attorneys Brian G. Price & Brian J. Walsh of the law firm of Dougherty, Leventhal & Price, L.L.P. scored a major victory for car accident victims in the Pennsylvania Superior Court.  DLP’s latest victory will have a direct effect on motor vehicle victims’ cases throughout the Commonwealth and assist thousands of victims to receive the compensation they deserve.

In April of 2001, the Plaintiff, Thomas Vaxmonsky, was seriously injured in a motor vehicle accident near Scranton, Pennsylvania.  Mr. Vaxmonsky retained the professional legal services of Dougherty, Leventhal & Price, (DLP law).  Attorney Brian Price immediately collected off of the person who caused the accident and simultaneously looked to American International Insurance Company to secure Thomas Vaxmonsky’s underinsured motorist coverage (UIM) which protected him on the date of the accident.

American International Insurance Company advised Attorney Price that Thomas Vaxmonsky had rejected UIM coverage.  Attorney Price requested proof of the rejection.  Attorney Price analyzed the paperwork and discovered that American International Insurance Company had not followed the very strict laws of Pennsylvania as it relates to an insured properly rejecting UIM coverage.  Thomas Vaxmonsky’s proposed UIM rejection form was missing one word.

Attorney Price advised American International Insurance Company of their error.  The insurance company refused to accept responsibility and would not pay Thomas Vaxmonsky his UIM benefits.  Attorney Price fought the insurance company in Luzerne County and all the way up to the Pennsylvania Superior Court.

Ultimately, in American International Insurance Company v. Vaxmonsky 2006 Pa. Super. 373, the Pennsylvania Superior Court agreed with Attorney Price and ruled that because AIIC’s proposed rejection of Uninsured Motorist Coverage was missing one word; it did not comply with 75 Pa.C.S.A. §1731.  Hence, Thomas Vaxmonsky was afforded the $400,000.00 worth of underinsured motorist coverage which DLP argued protected him on the date of the motor vehicle accident at issue.

Thomas Vaxmonsky received his money and now thousands throughout Pennsylvania are able to receive the underinsured motorist coverage that many did not even know they rejected.  Another example of why it is so important to hire a lawyer to fight for your rights after a motor vehicle accident.

Respectfully submitted,
Attorney Brian G. Price
DLP law
Toll Free 1-877-357-9700

About the Author

Joe Price

Joe Price

E-mail: Joe Price

Joseph Price is a trial lawyer serving Northeast Pennsylvania for the past thirty years. He is Board certified by the National Board of Trial Advocacy and Pennsylvania Super Lawyer. Attorney Price has successfully tried many diverse cases including cases against General Motors, Dollar General, Pennsylvania Department of State and numerous insurance carriers.

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