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Pennsylvania Supreme Court Grants Allowance Of Appeal In Stacking Case

Article by Kaavya Ramesh, Esq. 

The Pennsylvania Supreme Court recently granted a Petition for Allowance of Appeal in a case involving the issue of whether a new stacking rejection form is required when a vehicle is removed from an automobile insurance policy. Franks et al. v. State Farm Mut. Auto. Ins. Co., No. 563 MAL 2021 (Pa. March 23, 2022).

The Court granted the Petition for Allowance of Appeal on the following issue, as stated by the Appellant:

Did the en banc panel of the Superior Court err in ruling that Respondent was not required to obtain a new uninsured/ underinsured stacking waiver from Petitioners pursuant to 75 Pa. C. S. § 1738(c) of the Pennsylvania Motor Vehicle Financial Responsibility Law when Petitioners deleted an automobile from their automobile insurance policy, and necessarily holding therefore that Petitioners are not entitled to a total of $200,000 in stacked underinsured motorist coverage?