Monday, November 30, 2020

En Banc Argument Granted in Stacking Case

Tort Talkers may remember a post from over the summer on the 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.), in which 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.”

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.

I send thanks to Attorney Benjamin P. Novak of the Philadelphia office of Fowler, Hirtzel, McNulty & Spaulding, LLP for bringing this update to my attention.

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