Superior Court - DARLA J. TOTH v. DONEGAL COMPANIES, ALSO KNOWN AS DONEGAL MUTUAL INSURANCE COMPANY, ALSO KNOWN AS DONEGAL MUTUAL, ALSO KNOWN AS DONEG

DARLA J. TOTH v. DONEGAL COMPANIES, ALSO KNOWN AS DONEGAL MUTUAL INSURANCE COMPANY, ALSO KNOWN AS DONEGAL MUTUAL, ALSO KNOWN AS DONEGAL INSURANCE COMPANY, ALSO KNOWN AS DONEGAL MUTUAL INS. CO., ALSO KNOWN AS DONEGAL INSURANCE, ALSO KNOWN AS DONEGAL, A CORPORATION, PARTNERSHIP, PROPRIETORSHIP, ASSOCIATION, OR OTHER ENTITY No. 1744 WDA 2007 2009 PA Super 4 Atlantic: 964 A.2d 413 Filed: 1/14/2009
	Appeal from the Order, August 22, 2007, in the Court of Common Pleas of Westmoreland County Civil Division at No. 145 of 2003
Before: FORD ELLIOTT, P.J., ORIE MELVIN AND SHOGAN, JJ.
Opinion by: FORD ELLIOT, P.J.
Donegal Mutual Insurance Company (“Donegal”) appeals the order of August 22, 2007, granting Darla J. Toth’s (“Toth”) motion for summary judgment. Toth was in a motor vehicle accident and subsequently filed a claim for underinsured motorist (“UIM”) benefits under her policy with Donegal, which denied the claim on the basis that Toth had rejected UIM coverage. The trial court determined that the form rejecting UIM coverage was void because it was not signed by Toth, the first named insured, as required by the MVFRL; rather, the form was signed by Toth’s husband, John D. Toth, in both their names and allegedly with Toth’s permission. After careful review, we reverse.

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