United States Third Circuit

In an dispute involving the amount of underinsured motorist coverage owed, district court grant of summary judgment for defendant is reversed where Pennsylvania law did not require plaintiff to provide defendant with the opportunity to waive stacked underinsured motorist coverage upon the addition of the second and third vehicles to the policy, and thus defendant's waiver of stacked underinsured motorist coverage signed at the inception of the policy remained valid upon the addition of vehicles and subsequent renewals of the policy.

Appellate Information

• Argued 04/16/2009
• Decided 05/12/2009
• Published 05/12/2009

Judges

• Before:  McKEE, SMITH, and VAN ANTWERPEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Charles J. Daly, Esq. (Argued), Horsham, PA, for Appellant., Robert E. Kelly, Jr., Esq., Kelly, Parker, & Cohen, Harrisburg, PA, for Pennsylvania Defense Institute Amicus Appellant.


• For Appellees:
  
• John E. Kusturiss, Jr., Esq. (Argued), Media, PA, for Appellee., Mitchell Clair, Esq. (Argued), Donald F. Manchel & Associates, Philadelphia, PA, Scott B. Cooper, Esq., Schmidt, Ronca & Kramer, Harrisburg, PA, for Pennsylvania Association for Justice Amicus Appellee.