Friday, October 4, 2024

Carrier Faulted For Improperly Denying Stacked UIM Coverage


In the case of McGuire v. Nationwide Affinity Ins. Co., No. 2:23-CV-1347-NR (W.D. Pa. Sept. 11, 2024 Ranjam, J.), the Western District Court addressed stacking issues relative to a UIM claim.

The parties agreed that the insured on the policy, who was the father of the injured party, had waived stacking coverage on that policy.

However, the injured party argued that the waiver at issue had applied to an earlier policy, and not the policy that he sought coverage under for the subject accident.

Nationwide disagreed and asserted that the operative policy was merely a “renewal” of the prior policy to which the stacking waiver already applied.

After comparing the two (2) policies, the court concluded that the operative policy of insurance was not a “renewal” policy.  Accordingly, the court granted Plaintiff’s Motion for Summary Judgment and held that Nationwide had breached its contract by denying stacking based on his father’s prior waiver.

Given that the Plaintiff had effectively withdrawn his bad faith claim, the court granted Nationwide’s Motion relative to that claim only.

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

I send thanks to Attorney Anthony Gianetti of the Pittsburgh office of Swartz Culleton, P.C., for bringing this case to my attention.

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