Friday, October 30, 2015

Judge Mannion of Federal Middle District Court Tackles Sackett Rejection of Stacking Analysis

In his recent memorandum decision in the case of Mitchell v. Progressive Pref. Ins. Co., No. 3:14-0384 (M.D.Pa. Sept. 29, 2015 Mannion, J.), Judge Malachy E. Mannion  granted summary judgment in favor of the Defendant carrier on a stacking issue after a review of the Sackett line of cases.

As the Sackett analysis can be convoluted, a link to the decision is provided below for review.

Judge Malachy E. Mannion
Federal Middle District Court
Ultimately, the court ruled that the carrier was not required to obtain a new rejection of stacking issue when the Plaintiff added a vehicle (motorcycle) to the policy.  Judge Mannion based his decision upon the application of the continuous "after-acquired" clause contained in the policy.

Anyone wishing to review this decision in detail may click this LINK

I send thanks to Attorney David Friedman of the King of Prussia law office of Forry Ullman for bringing this case to my attention.



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