Wednesday, September 22, 2010

Petition for Re-Argument in Sacket III Denied by Superior Court

Yesterday, September 22, 2010, the Superior Court denied Nationwide's Motion for Reargument/Reconsideration in Sackett v. Nationwide (Sackett III).

The opinion in Sackett III held that the trial court correctly decided on remand that a vehicle was not added under a newly/after acquired vehicle clause in an insurance policy and that the insurer therefore should have had the insured sign a new rejection of stacking form in order for non-stacking to apply when adding an additional car to a two car policy.

It remains to be seen whether the carrier will attempt to bring this matter up to the Pennsylvania Supreme Court.

I thank Attorney Paul Oven of the Moosic, PA office of Dougherty, Leventhal & Price for bringing this development to my attention.

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