Tuesday, August 31, 2010

Further Clarification Offered in Inter-policy Stacking Case

Tort talkers may recall that I previously reported on the case of Heller v. State Farm, No. 408-2008 (Venango Co. 2010, Boyer, J.), an Opinion that served to clarify certain issues involving inter-policy stacking in UIM cases. That original decision was also noted to provide an excellent explanation of the interplay of the Pennsylvania Supreme Court’s decisions on this issue in the Craley and Genette decisions.

I was recently provided with an additional Opinion by Judge Boyer in the same case. Now that the case is going up on appeal, Judge Boyer reiterated his analysis in a Rule 1925 Opinion.

Anyone desiring a copy of this Opinion may contact me at dancummins@comcast.net

I thank the prevailing defense attorney in the Heller case, Attorney Tom McDonnell of the Pittsburgh law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. for bringing this decision to my attention.

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