In an issue of apparent first impression, the Pennsylvania Superior Court has ruled that when a vehicle is removed from a multi-vehicle auto insurance policy, the law requires the insurance company to issue a new stacking waiver for uninsured and underinsured motorist coverage.

The majority of a split panel, consisting of Judges Deborah Kunselman and Daniel McCaffery, reversed the trial court’s ruling in Franks v. State Farm, in which the trial court held the insurer was not responsible for producing a new waiver with the alteration of the Franks’ policy. Judge Anne Lazarus dissented.

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