In the case of Gallagher v. Geico Indemnity, No. 87 WAL 2017 (Pa. Aug. 8, 2017), the Pennsylvania Supreme Court granted an appeal to address issues pertaining to a household exclusion and stacking issues. The Court's Order granting the appeal reads, as follows:
AND NOW, this 8th day of August, 2017, the Petition
for Allowance of Appeal is GRANTED. The issues, as stated by the Petitioner,
are:
(1) Whether the "household vehicle
exclusion" violates Section 1738 of the Pennsylvania Motor Vehicle
Financial Responsibility Law (MVFRL) where GEICO issued all household policies
and unilaterally decided to issue two separate policies, when the insured
desired stacking, elected stacking, paid additional premiums for stacking and
never knowingly waived stacking of underinsured motorist benefits?
(2) Whether the "household vehicle
exclusion" impermissibly narrows or conflicts with the statutory mandates
of the Pennsylvania Motor Vehicle Financial Responsibility Law and the evidence
of record is that GEICO was fully aware of the risks of insuring a motorcycle
in the same household as other family vehicles but unilaterally decided to write
a separate motorcycle policy?
I send thanks to Attorney Scott Cooper of the Schmidt Kramer firm in Harrisburg, PA for bringing this Order to my attention.
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