The Pennsylvania Superior Court has held that Nationwide's exclusion barring recovery for injured unlicensed drivers runs counter to Pennsylvania law.

The December 5 opinion, authored by President Judge Jack Panella, held that the coverage exclusion in Nationwide's policy, which says unlicensed drivers cannot be covered, went against the Motor Vehicle Financial Responsibility Law (MVFRL), which requires insurers to provide first-party medical expense coverage for motor vehicle-related injuries.

According to Panella, Christina Tapia Castaneda was driving her mother's car without a valid driver's license when she was rear-ended by another car, causing her to suffer severe injuries. As Castaneda's mother's had a Nationwide insurance policy covering the car, Castaneda submitted a claim for first-party medical expense benefits.