Justices Agree to Revisit Stacking, MVFRL Law Interplay
The Pennsylvania Supreme Court has agreed to hear arguments dealing the interplay between household vehicle exclusions limiting insurance stacking and the state's Motor Vehicle Financial Responsibility Law. The case at issue should give the justices a chance to revisit a topic the high court has split on twice in the past 10 years.
August 10, 2017 at 01:14 PM
8 minute read
The Pennsylvania Supreme Court has agreed to hear arguments dealing the interplay between household vehicle exclusions limiting insurance stacking and the state's Motor Vehicle Financial Responsibility Law. The case at issue should give the justices a chance to revisit a topic the high court has split on twice in the past 10 years.
On Aug. 8, the justices granted allocatur in Gallagher v. GEICO Indemnity to address whether it is a violation of the MVFRL if a household vehicle exclusion limits stacking even when the insured paid for and did not expressly waive the option to stack the policy.
According to the state Superior Court's January decision in Gallagher, in two split decisions the Supreme Court affirmed rulings that had determined similar policy language limiting stacking did not violate the MVFRL. One of those cases, Government Employees Insurance v. Ayers, came before the justices in 2011, while the other case, Erie Insurance Exchange v. Baker, came before the Supreme Court in 2009.
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