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New Class 2 stacking Decision in Middle District of Pennsylvania
On October 18, 2007, Judge Vanaskie in the Middle District of Pennsylvania granted Progressive Northern Insurance Corporation's Motion for Summary Judgment in Progressive Northern Insurance Corporation v. Gushanas where a class 2 insured sought stacked coverage claiming that the policy was not clear in distinguishing between class 1 and class 2 insureds. Progressive argued that the policy provision concerning limits of liability for stacked coverage plainly drew a distinction between a class 1 and class 2 insured. The Court also relies upon the en banc Superior Court decision in O'Connor-Kohler v. United States Automobile Association, 883 A.2d 673 (Pa. Super. Ct. 2005), appeal denied, 897 A.2d 459 (Pa. 2006) where the Superior Court upheld policy language which limited stacking to only a named insured or a member of the named insureds family. The District Court finds that although the language in the Progressive policy is not the same as in O'Connor-Kohler, the intention in the policy is the same that only a named insured and his or her relatives may stack. The District Court also distinguishes the Gushanas situation from State Farm v. Kramer, 2003 WL 23100165 (Erie Co. March 31, 2003), affirmed, 849 A.2d 618 (Pa. Super. Ct. 2004) (Memorandum) because in Kramer there was no limitation in the stacking language of the policy to exclude a class 2 insured from coverage but in Progressive's policy the policy identifies who is entitled to stacking.
Scott B. Cooper
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