Editor’s note: The author represented Nationwide in the Sackett cases, filed the amicus brief for the Pennsylvania Association for Justice in Bumbarger and represents the plaintiff in Seiple.
In Pennsylvania, questions exist as to whether and when insurers need to obtain new stacking waivers when new vehicles are added to existing policies providing unstacked uninsured and underinsured motorist coverages. In Sackett v. Nationwide Mutual Insurance, 919 A.2d 194 (Pa. 2007), known as Sackett I, and Sackett v. Nationwide Mutual Insurance, 940 A.2d 329 (Pa. 2007), known as Sackett II, the state Supreme Court established the rules to be applied in this situation. In Sackett v. Nationwide Mutual Insurance, 4 A.3d 637 (Pa. Super. 2010), or Sackett III, and, most recently, in Bumbarger v. Peerless Indemnity Insurance, 2014 PA Super. 115 (June 6, 2014), the Superior Court decided how these rules are to be applied.
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