Just before the Pennsylvania Supreme Court was set to hear arguments about what insurance carriers have to do to ensure someone with a single-vehicle policy has properly been given the chance to waive stacking when they buy two additional vehicles years later, the case that presented the issue settled. As a result, the Superior Court decision that was left unreviewed might continue to haunt the plaintiffs bar—at least until the high court gets another chance to look at the issue.
The case that raised the issue was Toner v. Travelers Home and Marine Insurance. The justices were set to address whether a carrier needed to provide a stacking waiver to a vehicle owner when she sought to add two new vehicles to her policy years after she initially opted out of stacking the uninsured/underinsured benefits for a single-vehicle policy.
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