§ 66.11. [Reserved].
Notes of Decisions Insurance Requirements
Transportation authority must either purchase insurance, including uninsured motorist coverage, or maintain adequate funds to compensate individuals injured on or by buses, placing them in the same position as a vehicle owner who has purchased liability insurance. Modesta v. Southeastern Pennsylvania Transportation Authority, 469 A.2d 1019 (Pa. Cmwlth. 1983).
The provisions of 31 Pa. Code § 66.11 do not require self-insurers to provide insurance which is not required by the Uninsured Motorist Act (40 P. S. § § 2000—2101) or the No-Fault Act (40 P. S. § § 1009.101—1009.701). Modesta v. Southeastern Pennsylvania Transportation Authority, 445 A.2d 1271 (Pa. Super. 1982).
Section 66.11 requires that in addition to basic loss benefits a no-fault insurance policy provide for uninsured motorist benefits. This applies also to policy responsibilities under the assigned claims plan, which provides for insurance coverage for those injured in motor vehicle accidents who are not covered by a policy of basic loss insurance. Thus, assigned insurers under the plan are required to pay both basic loss benefits and uninsured motorist benefits. Tubner v. State Farm Mutual Automobile Insurance Co., 436 A.2d 621 (Pa. 1981).
Pedestrian
Where uninsured pedestrian is struck by an insured vehicle and an uninsured vehicle, pedestrian is entitled to recover from the insurer for no-fault and tort liability coverage but not for uninsured motorists coverage. McMullin v. Dallago, 510 A.2d 787 (Pa. Super. 1986).
Substantially Equivalent
Under the No-Fault Motor Vehicle Insurance Act (40 P. S. § § 1009.101—1009.701) (Repealed) self-insurers must include uninsured motorists coverage in order to meet the ‘‘substantially equivalent’’ requirements of the act. Fairbanks v. Travelers Insurance Company, 486 A.2d 469 (Pa. Super. 1984).
Uninsured Motorist Coverage
Every policy of insurance issued under the no-fault act must provide for uninsured motorist coverage. Prudential Property and Casualty Ins. Co. v. Falligan, 484 A.2d 88 (Pa. Super. 1984).
Source The provisions of this § 66.11 adopted February 7, 1975, effective February 8, 1975, 5 Pa.B. 239; reserved January 3, 1997, effective January 4, 1997, 27 Pa.B. 19. Immediately preceding text appears at serial pages (215686) to (215687).
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