Thursday, August 14, 2014

Third Circuit Court of Appeals Tackles Sacket Waiver of Stacking Issue

In its recent decision in the case of Seiple v. Progressive Northern Ins. Co., No. 13-3213 (3d Cir. June 12, 2014 Fisher, Van Antwerpen, and Tashima, J.)(Op. by Fisher, J.), the Third Circuit Court of Appeals addressed a waiver of stacking clause case under the Sackett anaylsis. 

Ultimately, the dismissal of the claims for stacking benefits by the lower court was affirmed despite the lack of a waiver in a case where the insured signed a waiver of stacking and the vehicle was added in this matter under an after-acquired vehicle endorsement.  

Anyone wishing to try to wrap their head around this obtuse issue may read the Seiple opinion HERE.

Source:  “Court Summaries” by Timothy L. Clawges in the Pennsylvania Bar News (July 21, 2014). 


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