A driver with an insurance policy covering four cars is entitled to $400,000 in stacked uninsured/underinsured motorist benefits because his insurer failed to have him sign new stacking waivers when he added his most recent vehicles to the policy via endorsement, the Pennsylvania Superior Court has ruled.

In a nonprecedential opinion in Newhook v. Erie Insurance Exchange, a three-judge panel of the court unanimously upheld a decision by Monroe County Court of Common Pleas Judge David J. Williamson from last May. Plaintiff Kenneth Newhook had sued Erie seeking a declaratory judgment that he was entitled to the stacking coverage, which Williamson granted, citing the Superior Court cases of Pergolese v. Standard Fire Insurance and Bumbarger v. Peerless Indemnity Insurance for guidance.

“From a pure public policy standpoint, and in conformity with the intent of Section 1738 of the [Motor Vehicle Financial Responsibility Law], it would seem that when more benefits are available, a written waiver of those benefits should be given,” Williamson said in his opinion.