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PA Supreme Court Issues Revised UIM Stacking Decision.
January 9, 2008
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On October 18, we told you that, in a highly unusual move, the PA Supreme Court was revisiting a decision on UIM stacking that it had just issued in April. The new decision has just been released.
In the case of <em>Sackett v. Nationwide Mutual Insurance Co.</em>, PICS Case No. 08-0008 (Pa. Dec. 27, 2007), the Supreme Court reversed its earlier decision and ruled that "the extension of coverage under an after-acquired-vehicle provision to a vehicle added to a pre-existing multi-vehicle policy is not a new purchase of coverage for purposes of Section 1738(c), and thus, does not trigger an obligation on the part of the insurer to obtain new or supplemental UM/UIM stacking waiversthe addition of a new car to an existing insurance policy." Put more simply, the new <em></em>Sackett<em></em> rule is that the addition of a car to an existing policy does not require the insurer to obtain a new waiver.
<a href="http://www.courts.state.pa.us/OpPosting/Supreme/out/J-119-2007rearg-mo.pdf">http://www.courts.state.pa.us/OpPosting/Supreme/out/J-119-2007rearg-mo.pdf</a>