David breaks down a case on stacking waivers in UM and UIM cases in Pennsylvania
This is Matt Sullivan here with David Simon for this week's edition of the weekly Sullivan|Simon newsletter video. David, did you read any interesting opinions this week? Oh, Matt. Thanks for asking. Good question. I did read an interesting opinion. Out of the Pennsylvania Superior Court.
Golik v. Erie Insurance Exchange. We see in both Pennsylvania, New Jersey, constant issues coming up over stacking of waivers for uninsured and under-insured motorist coverage. And the Pennsylvania Superior Court did their best to clarify that. Pretty interesting subject, right?
I can hardly contain myself. Please, tell me more.
Sarcasm noted. The court had an issue where a husband, as the primary named insured on the policy, signed a stacking waiver. Years and years later, his wife was injured in an accident within uninsured motorists, and she requested stacking. And the insurance company of course said, no, there is a waiver. And she said, no, but I didn't.
Wave and you never gave me a chance to wave.
The Pennsylvania Superior Court agreed with the insurance company and tried to clarify an area in Pennsylvania law that is very vague. They held that. The primary named insured needs to sign the waiver. And if he or she does that, that is sufficient to bind everybody else on the policy.
And that's the end of the story. But even though the court held that the court did take the time to go through a few equitable, equitable factors. That it found favor the insurance company. So even though they were trying to announce a bright line rule, I think the court also left open some, some space for future insurers to make an argument to the contrary.
And if I know anything about insurance companies, given that they court left an opening for them, those insurance companies are going to take that opening next time. So make sure you read the opinions that you know how to respond to.
Thank you though, is an exciting opinion. I'm sure all of our viewers are on the edges of their seats. So sit back. And we'll see you next week. Thanks for watching. Alright, take care, everybody.