Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases
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Vehicle and Automobile Accidents

    6/17/2008
    James R. Carroll, Jr., Esquire
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    New Case Law on stacking of underinsurance by employees in company owned vehicles

    In State Auto Property & Casualty insurance Co. v. Pro Design, P.C. today the District Court for the Middle District of Pennsylvania (Munley, J.) held that a corporation can avail itself of stacked underinsured motorist benefits even if it waived stacking on a single vehicle policy where it subsequently added two vehicles to the policy and never signed a new waiver of stacking for those additional vehicles. 

    The court finds that Sackett II does not apply to a single car policy which is what the Supreme Court says in footnote 5 of Sackett II.  The Court also notes that under Sackett II "the degree that coverage under an after-acquired vehicle provision continues in effect throughout the existing period.  Once that policy period comes to an end, the insurer must obtain a new waiver if an additional vehicle was added during that period."  The fact is that when the single vehicle policy became a multiple vehicle policy the insured was not supposed to be given a chance to "purchase" intra-policy stacking and it did not get a chance to do so.  Thus, the 3 car policy provides stacking.


    Labels: automobile accident lawsuit personal injury stacking Underinsurance uninsurance


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