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In a nonprecedential opinion in Newhook v. Erie Insurance Exchange, a three-judge panel of the court unanimously upheld a decision by Monroe County Court of Common Pleas Judge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.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]