The issue in this case was the right of an underinsured motorist claimant to plead, prove and recover as damages in a UIM action items of income loss already paid by his disability insurer. The Supreme Court on April 28, 2010 held first that the claimant's disability plan was subject to Section 1722 of the MVFRL. They then held that Section 1722 precludes the claimant from recovering in a UIM claim benefits already paid under his disability policy.
Significance of this case: