Wednesday, June 7, 2017

Waiver of Stacking Case Out of Monroe County

In his recent decision in the case of Newhook v. Erie Insurance Exchange, No. 10711 CIVIL 2014 (C.P. Monroe Co. May 11, 2017 Williamson, J.), Judge David J. Williamson of the Monroe County Court of Common Pleas ruled that an insured was entitled to stacked uninsured/underinsured motorist benefits where a new waiver of stacking was not secured by the carrier when the insured added his most recent vehicles to the policy.  

Judge David J. Williamson
Monroe County

According to the Opinion, the insured did not select stacked coverage when he added his most recent vehicles to his policy, but also did not officially waive such coverage.  

The court found that the fourth vehicle that the insured had added to his policy was not a replacement of a vehicle for which stacking had been previously declined.   As such, the court found that the carrier should have secured a written waiver of stacked coverage.  

Anyone wishing to review a copy of this decision may click this LINK.

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