Monday, August 3, 2020

Latest Decision From Pennsylvania Superior Court On Stacking Waiver Forms

In the case of Franks v State Farm Mut. Auto. Ins. Co., 2020 Pa. Super 181 (Pa. Super. July 31, 2020  Lazarus, J., Kunselman, J., McCaffrey, J.)(Op. by McCaffrey, J.), the Pennsylvania Superior Court held that, under Sackett I, 75 Pa.C.S.A. Section 1738(c) requires a new stacking waiver whenever the stacked amount of UIM coverage changes — regardless of whether the change is an increase or decrease in the amount of stacked coverage. 

In so ruling the Court, noted that its interpretation of the issue was consistent with the recognized policy of construing the Motor Vehicle Financial Responsibility Law “liberally in favor of the insured” so as to “afford[ ] the injured claimant the greatest possible coverage.”

Anyone wishing to review this decision may click this LINK. (This Link has been disabled by the Superior Court due to the Update noted below).

I send thanks to Attorney Scott Cooper of the Schmidt Kramer law firm in Harrisburg, PA for bringing this case to my attention.


As an update it is noted that the Pennsylvania Superior Court has withdrawned this decision in favor of a re-argument en banc on the issues presented.  Here is a LINK  to the relevant Order.

Stay tuned for more updates in the future on this latest stacking case.

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