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Pennsylvania Injury Lawyers
New Third Circuit Court Of Appeal Underinsured Motorist Decision Related To Sackett And Adding Vehicles To Single Car Motor Vehicle PolicyThe Court of Appeals for the Third Circuit today issued an opinion in State Auto v. Pro Design. This is a case where the District Court for the Middle District of Pennsylvania originally held that under Sackett I an insured was required to get a new rejection of stacking waiver when he added another vehicle (and then a third) to a single car policy. The Third Circuit reverses and predicts that the Pennsylvania Supreme Court would follow its ruling in Sackett II and holds that the reasoning in Sackett II would also apply to a single car policy and that since the second and third cars were added under the "after acquired vehicle clause" in the policy that a new rejection of stacking form was not needed.
This case which was just decided this morning. It will be fully discussed at PAAJ Big Auto. Another reason to attend the PAAJ Big Auto seminar this Thursday in Harrisburg or in 2 weeks in Philly.
Scott B. Cooper
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