The Pennsylvania Supreme Court issued a decision recently in Generette v. Donegal.  The Court, in a majority decision by Justice Baer (joined by C.J. Castille, Todd and McCaffery), reverses the Superior Court 5-4 en banc decision.

The Court holds that the Superior Court erred in concluding that the MVFRL provision relating to stacking and waiver applied to Generette, who was not an "insured" as defined by the MVFRL. Additionally, it holds that a portion of the "Other Insurance" clause in the Generette policy with Donegal is non-enforceable because it conflicts with the public policy of the MVFRL to provide "excess" rather than "gap" underinsured motorist coverage.  Justice Saylor filed a separate concurring and dissenting opinion and Justice Eakin a separate dissenting opinion.

This is a very confusing issue to the lay person and the written opinion certainly bears that out.  Just understand that it is a win for the good guys.  It has made a direct, positive result in one of the underinsurance claims being litigated here at Carroll & Carroll, P.C.

Thanks, as always, to Scott Cooper, Esquire for providing this information.