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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