The state Superior Court has determined a family that initially chose not to stack insurance coverage for the cars they owned could still recover stacked insurance benefits because, when they added a new car to the policy several years later, the insurance carrier failed to obtain a waiver opting out of stacked coverage.
A split, three-judge panel ruled April 11 in Pergolese v. Standard Fire Insurance that plaintiffs John and Peggy Pergolese were entitled to $500,000 of stacked coverage. The decision upheld a ruling from the Montgomery County Court of Common Pleas, which had granted summary judgment to the plaintiffs in the declaratory judgment action.
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