An en banc panel of the Pennsylvania Superior Court has affirmed a three-judge panel’s earlier ruling allowing insureds to “stack” underinsured motorist coverage for a third vehicle they added to their policy even though they had previously waived stacking with respect to their first two vehicles.
In its June 6 opinion in Bumbarger v. Peerless Indemnity Insurance, a nine-judge panel of the court unanimously ruled that plaintiffs Helen and Ronald Bumbarger could stack their UIM policies related to an accident following the purchase of their third vehicle because their insurer, defendant Peerless Indemnity Insurance, failed to actively seek out a new stacking waiver when the vehicle was added to the policy.
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