Superior Court Upholds The "Miscellaneous Vehicle" Exclusion Contained in UIM Policy

In the case of Erie Ins. Exch. v. Estate of Kennedy, 210 WDA 2025, 2025 Pa. Super 276 (Pa. Super. Dec. 11, 2025 Bowes, J., Stabile, J., Bender P.J.E.) (Op. by Stabile, J.), the Superior Court upheld a "miscellaneous vehicle" exclusion contained in the UIM carrier’s policy. 

The court more specifically ruled that the denial of coverage was proper when the deceased injured party had a policy providing stacking of uninsured and underinsured benefits that included an exclusion stating that the policy would not cover damages sustained by an insured while occupying a miscellaneous vehicle owned by a relative and that was not covered under the subject insurance policy. 

The Superior Court ruled that the "miscellaneous vehicle" exclusion was valid in this case because the insured was seeking to stack policies but had not first received uninsured and underinsured coverage under the policy applicable to the vehicle he occupied at the time the injuries occurred.  

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

Source:  “Court Summaries” by Timothy L. Clawges in the Pennsylvania Bar News (Jan. 19, 2026).