Wednesday, September 14, 2016

Pennsylvania Supreme Court Grants Allowance of Appeal in a Sackett Type Case

In the UIM stacking case of Toner v. The Travelers Home and Marine Ins. Co., No. 170 WAL 2016 (Pa. Sept. 8, 2016), the Pennsylvania Supreme Court granted a Petition for Allowance of Appeal to address the following issue:


"Whether the Superior Court correctly determined that an insured, who signed a UM/UIM stacking waiver at the inception of a single vehicle policy, was not entitled to stack UM /UIM benefits, even though the carrier failed to obtain stacking waivers when second and third vehicles were added to the policy?"


Here is a LINK to the Tort Talk post on the Superior Court's decision in this same case, which post contains a link to the Superior Court's Opinion.


I send thanks to Attorney Craig Murphey of the Erie, PA office of McDonald, Illig, Jones & Britton, LLP for bringing this Supreme Court Order to my attention.


UPDATE:  The Toner case refernced above settled just before the Pennsylvania Supreme Court was set to address the stacking issues raised therein.  As such, the Pennsylvania Superior Court's decision in the matter stands.

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