A divided en banc Pennsylvania Superior Court panel has clarified insurance law dealing with when auto insurance customers have the opportunity to waive stacking benefits.

“This case presents us with a matter of first impression: Whether the removal of a vehicle from an auto insurance policy providing non-stacked UIM coverage for three vehicles constitutes the ‘purchase’ of coverage as contemplated by Section 1738(c) of the MVFRL, such that the insured must be provided the opportunity to waive the stacked limits of coverage at the time of removal,” wrote Judge Anne Lazarus in the court’s majority opinion.

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