No New Stacking Waiver Required Where Insured Substituted a Replacement Vehicle

In the case of Shanfelt v. Progressive Adv. Ins. Co., No. 21-CV-1614 (C.P. Carbon Co. June 22, 2022 Matika J.), the court found that a Plaintiff could not recover stacked underinsured motorist coverage benefits where her father, who was the original insured, had executed a valid stacking waiver when he first purchased the insurance policy and the subsequent substitution of a replacement vehicle did not require the carrier to secure a new waiver for that policy.

Based upon this ruling, the court dismissed the Plaintiff’s declaratory judgment Complaint.

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Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Oct. 19, 2022).