Another heady Sackett-type UIM stacking opinion has been handed down by the Pennsylvania Superior Court in the form of Toner v. Travelers Home and Marine Insurance, No. 53 WDA 2015, 2016 Pa. Super. 69 (Pa. Super. March 21, 2016 Ott, Stabile, Shogan, J.J.)(Op. by Ott)(Shogan, Dissenting).
This case involved an
automobile insurance policy that originally only had one vehicle on it and
under which the insured had waived stacking.
The insured later added two vehicles to the policy, one at a time. The insured was not provided with a waiver of
stacking form either time a new vehicle was added.
After the insured's son was
seriously injured in a motor vehicle accident, the carrier paid the UIM limits
available for one vehicle. The Plaintiff
filed a declaratory judgment action asserting that the UIM carrier should have
provided the insured with new waiver of stacking forms to sign and that, by not
doing so the carrier was required to provide stacked coverage for all three
The Superior Court majority
affirmed the trial court's decision that new waiver forms were not required under
the Sackett analysis.
Anyone wishing to tackle
the Superior Court's latest take on the Sackett
analysis may click this LINK
Judge Shogan's Dissenting Opinion can be viewed HERE