The second Eastern District federal judge in as many months has ruled that the Pennsylvania Supreme Court’s “seismic“ decision in Gallagher v. Geico, which invalidated the household vehicle exclusion as a means of getting around providing stacking coverage, should apply retroactively.

In a June 17 decision in Stockdale v. Allstate Fire and Casualty Insurance, U.S. District Judge Wendy Beetlestone of the Eastern District of Pennsylvania denied Allstate Fire and Casualty Insurance’s motion to dismiss plaintiff Kayla Stockdale’s putative class action, one of several similar lawsuits alleging insurance companies improperly used household exclusions to bar stacked coverage as far back as 1990.

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