State Farm Mutual Automobile Insurance v. Foster

ORDER

PER CURIAM.

AND NOW, this 18th day of January, 2005, the Petition for Allowance of Appeal is hereby granted, limited to the following issue:

Whether the Pennsylvania Superior Court erred in effectively overturning this Court’s holding and rationale in Brakeman v. Potomac Insurance Co.[, 236 Pa.Super. 320, 344 A.2d 555 (1975)] when ruling that an insured’s failure to report a hit-and-run accident results in a per se forfeiture of his or her uninsured motorist benefits, even absent a showing of prejudice to the insurance company?