Craley v. State Farm Fire & Casualty Co.
Craley v. State Farm Fire & Casualty Co.
Concurring Opinion
concurring.
I join Chief Justice Cappy’s interpretation of 75 Pa.C.S. § 1738, as I believe subsection (b) provides a named insured the option of waiving both inter- and intra-policy stacking of uninsured and underinsured motorist coverage, and that option is not undone by subsections (c) and (d), even though the language of those subsections seems to speak to the intrapolicy situation alone.
I write separately to address the household vehicle exclusion in Randall’s policy, see Majority Op., 586 Pa. at 488-92, 895 A.2d at 533-34, which State Farm argues is valid and enforceable. While the majority does not reach a discussion of this clause, I believe the clause also precludes the Craleys’ recovery of uninsured motorist benefits under Randall’s poli
For the reasons offered above, I concur.
Opinion of the Court
OPINION
We granted allowance of appeal in this matter to address the interplay between coverage exclusions in motor vehicle insurance policies, including the household vehicle exclusion previously found enforceable by this Court,
The facts of this case, although tragic, are straightforward and uncontested. While driving her own car insured by Appellee State Farm Insurance Company (State Farm), Jayneann M. Craley was killed in an accident attributed to the negligence of an uninsured drunk driver on July 12, 1993. tier infant son, Keith Craley, and her mother-in-law, Gloria Craley, who resided with Keith and Jayneann, were passengers in the car and were injured in the accident. Following the accident, Jayneann’s husband, Randall Craley, as administrator of Jayneann’s estate and on Keith’s behalf, and Gloria Craley on her own behalf sought and collected uninsured motorist benefits from State Farm pursuant to a policy for which Jayneann was the named insured and which provided coverage of $15,000 per person and $30,000 per occurrence.
The Craleys’ claims, however, exceeded the limits of the benefits provided under Jayneann’s policy. Accordingly, the Craleys sought uninsured motorist benefits under Randall Craley’s motor vehicle insurance policy.
State Farm filed a declaratory judgment action in the Berks County Court of Common Pleas, seeking a determination that it had no obligation to pay the Craleys’ claims under Randall’s policy. The company believed that the claims were excluded pursuant to Randall’s waiver of stacking and the household vehicle exclusion included in the policy endorsement related to non-stacked uninsured motorist coverage.
State Farm maintained that the stacking waiver form Randall signed was valid and applied to “inter-policy stacking,” the stacking of limits available on two or more separate policies, such as Jayneann’s and Randall’s policies. “Inter-policy stacking” is in contrast to “intra-policy stacking,” which would entail the stacking of limits applicable to more than one vehicle insured under a single policy. The waiver signed by Randall, entitled “Rejection of stacked uninsured motorist benefits,” conforms to Section 1738(d) of the MVFRL, and thus provides:
By signing this waiver, I am rejecting stacked limits of uninsured motorist coverage under the policy for myself and members of my household under which the limits of coverage available would be the sum of limits for each motor vehicle insured under the policy. Instead, the limits of coverage that I am purchasing shall be reduced to the limits stated in the policy. I knowingly and voluntarily reject the*491 stacked limits of coverage. I understand that my premiums will be reduced if I reject this coverage.[7]
The parties stipulated that Randall received a reduced premium as a result of signing the stacking waiver.
Due to Randall’s signing of the stacking waiver, Randall’s policy included Endorsement 6997AG Uninsured Motor Vehicle — Coverage U3 and Underinsured Motor Vehicle — Coverage W3 (Non-Stacking Options). The household vehicle exclusion set forth at Endorsement 6997AG provides as follows:
There is no coverage for bodily injury to an insured under Coverage U3:8
(1) While occupying a motor vehicle owned by you, your spouse, or any relative if it is not insured for this coverage under this policy....
In addition to asserting the enforceability of the waiver of stacking, State Farm maintained that it was not obligated to pay the Craleys’ claims pursuant to the household vehicle exclusion because the insureds were injured while occupying Jayneann’s vehicle, which was not insured under Randall’s policy. Randall’s policy listed only his pick-up truck, which was not involved in the accident.
The trial court viewed this case as presenting an issue of first impression because prior caselaw relating to stacking waivers had not addressed a situation involving individual vehicles insured under separate policies, implicating inter-policy stacking. Invoking the rules of statutory construction, the court concluded that waiver provisions in Section 1738 did not apply to inter-policy stacking, and Randall’s waiver of stacking, therefore, did not obviate State Farm’s duty to pay the Craleys’ claims.
The trial court next turned to the applicability of the household vehicle exclusion in Randall’s policy. The court concluded that the case was controlled by this Court’s deci
Notwithstanding its acknowledgment that in Eichelman we held that a household vehicle exclusion similar to the one in Randall’s policy did not violate public policy, the trial court limited the holding in Eichelman, suggesting that it applied only to insureds who voluntarily waived uninsured motorist coverage under the policy covering the vehicle involved in the accident and then attempted to claim uninsured motorist coverage under a separate policy. Similarly, the court noted that in Paylor we held that a “family car exclusion”
The court found that the Craleys’ situation did not fit the Paylor or Eichelman exceptions because the Craleys were not trying to convert their coverage into something for which they had not paid, but rather were trying to collect uninsured motorist benefits for which the court concluded they had paid under both Jayneann’s and Randall’s insurance policies.
In making the award, the trial court erroneously believed that the available coverage limit of Randall’s policy was $90,000. Accordingly, in April 2000, following the filing of post-trial motions by the Craleys and State Farm, the trial court amended the verdict to award the Craleys $30,000, pursuant to the parties’ stipulation that the policy provided for a maximum benefit of $30,000 per accident, but denied State Farm’s post-trial motion asserting, inter alia, trial court error in refusing to enforce the stacking waiver and the household vehicle exclusion. The verdict was reduced to judgment in May 2000, after which State Farm appealed to the Superior Court.
An en banc panel of the Superior Court initially dismissed State Farm’s appeal as untimely, based on the majority’s conclusion that the appeal had not been filed within the requisite thirty days following the December 1998 decision, pursuant to Pa.R.A.P. 903, even though State Farm filed its appeal within thirty days of the April 2000 order deciding post-trial motions. State Farm Fire & Cas. Co. v. Craley, 784 A.2d 781 (Pa.Super. 2001) (“Craley II"). This Court granted State Farm’s petition for appeal, which the Craleys did not oppose, and consolidated it with three other decisions of the Superior Court quashing appeals as untimely based on the appellants’ decisions to file post-trial motions rather than appeal the trial court’s declaratory judgment order within thirty days. In Motorists Mutual Insurance Co. v. Pinkerton, 574 Pa. 333, 830 A.2d 958 (2003), we reversed the Superior Court’s quashals and remanded for review on the merits.
Additionally, the court addressed the issue of the waiver of inter-policy stacking, despite basing its decision on the validity of the household vehicle exclusion. Although the court did not consider whether the validity of the household vehicle exclusion could be affected by the validity or invalidity of the Randall’s waiver of stacking, the panel in Craley III did call into question the Superior Court’s decisions in State Farm Mutual Auto. Insurance Co. v. Rizzo, 835 A.2d 359 (Pa.Super. 2003), and In re Ins. Stacking Litigation, 754 A.2d 702 (Pa.Super. 2000), which held inter-policy stacking waivers invalid under Section 1738. Indeed, it contemplated a construction of Section 1738 that would encompass waiver of inter-policy stacking before deferring to what it considered the binding Rizzo decision, pending action by an en banc panel of
We share the Superior Court’s discomfort with this anomalous proposition and find it to be the product of the Superior Court’s flawed analysis of Section 1738 in Stacking Litigation. As discussed below, we reject the premise that Section 1738 does not permit inter-policy stacking waiver.
The parties’ arguments ably develop the competing constructions of Section 1738 here at issue.
In Stacking Litigation, insureds asserted class action claims sounding in various causes of action based on the insureds’
The Insurance Commissioner entered her declaratory opinion and order in Leed v. Donegal Mutual Insurance Co., Docket Number MS96-10-055, on February 23, 1998, set forth at Appendix A of the Appellee’s Brief. In her opinion, the Commissioner concluded that the stacking premium was lawful because she found that single-vehicle policy holders could obtain a real benefit from the provision of stacking in at least two situations: (1) where the insured is injured in his own vehicle insured with uninsured motorist coverage and is also covered as an insured under another policy providing uninsured motorist benefits, and (2) where the individual is injured in a vehicle other than his own insured vehicle and is an insured under the non-owned vehicle’s policy, which also has uninsured motorist coverage (such as an employer’s vehicle). The Commissioner additionally noted that Section 1738(a) did not exclude stacking of underinsured motorist benefits in single-vehicle policies.
The Commissioner nominally declined to decide the peripheral issue of whether and how inter-policy stacking could be waived, see id. at 4 n. 1. She nonetheless addressed the issue, noting that the waiver option in Section 1738(b) is not qualified as to the type of stacking to which it applies and allows waiver of both multiple and single-vehicle policies: “Notwithstanding the provisions of subsection (a), a named insured may waive coverage providing stacking of uninsured or underinsured coverages.... ” 75 Pa.C.S. § 1738(b). While finding subsection (b) applicable to multiple- and single-vehicle policies, she acknowledged that subsections (c) and (d) specifically addressed multiple-vehicle policies, observing that subsection (c) required only insurers of multiple-vehicle policies to provide insureds the option to waive stacking with the provision of the form specified in subsection (d). See 75 Pa.C.S. § 1738(c)
Moreover, the Commission addressed a booklet issued by the Department and codified at 31 Pa.Code § 68.604, which some litigants read as evidence of the Department’s policy to limit waiver to multiple-vehicle policies. Contrarily, the Commissioner found the booklet did not limit waiver under subsection (b) to individual policies addressing two or more vehicles, but rather merely addressed the application of the waiver form as related to subsection (c) and (d). The Commissioner suggested that the Department would “evaluate whether to issue a pre-approved waiver form for single-vehicle policies in addition to the present Department practice of approving forms and rates of each insurer.” Id. at 14 n. 9. Thus, the Commissioner concluded, “Section 1738 permits single vehicle policy stacking and requires that insureds have the opportunity to waive this coverage. Rates commensurate with the risks assumed have been approved by the Department.” Id. at 15.
Upon receipt of the Commissioner’s decision, the trial court dismissed the insureds’ complaint based on the Commissioner’s conclusion that the premiums were proper. On appeal, the Superior Court acknowledged the deference due the Insurance Commissioner, in light of her agency’s role in administering and enforcing the MVFRL in regard to insurers’ practices and premiums. Stacking Litigation, 754 A.2d at 706-07 (citing Donnelly v. Bauer, 553 Pa. 596, 720 A.2d 447, 453 (1998)). In answering the question before it, the Superior Court held that the trial court had not erred in dismissing the class action suit regarding the propriety of the premiums charged for stacking in single-vehicle policies.
In construing any statute, our goal is to “ascertain and effectuate the intention of the General Assembly.”
Initially, we acknowledge that, in contrast to the explicit provisions for waiver in multiple-vehicle policies, Section 1738 does not designate specifically whether or how inter-policy stacking can be waived when individual vehicles are insured through single-vehicle polices. Section 1738(a), however, unambiguously provides for inter- as well as intra-policy stacking, thus expressing the clear intention of the General Assembly to compel insurers to provide stacking coverage absent a valid waiver. 75 Pa.C.S. 1738(a) (“When more than one vehicle is insured under one or more policies providing uninsured or underinsured motorist coverage, the stated limit for uninsured or underinsured coverage shall apply separately to each vehicle so insured.” (emphasis added)).
Subsection (b), which provides named insureds the option to waive stacked coverage, however, is silent as to its application to single-vehicle and multiple-vehicle policies. 75 Pa.C.S. § 1738(b) (“Notwithstanding the provisions of subsection (a), a named insured may waive coverage providing stacking of uninsured or underinsured coverages in which case the limits of coverage available under the policy for an insured shall be the stated limits for the motor vehicle as to which the injured person is an insured.”). This contrasts with the explicit limitation in subsection (c) entitled “more than one vehicle,” which requires insurers to provide only insureds insuring “more than one vehicle under a policy” with the opportunity to waive stacking pursuant to the form set forth in subsection (d).
This construction of subsection (b) to provide inter-policy stacking waiver, it bears noting, harmonizes with the Insurance Commissioner’s interpretation of the statute in her 1998 decision in Leed, discussed supra. See Winslow-Quattlebaum v. Maryland Ins. Group, 561 Pa. 629, 752 A.2d 878, 881 (2000) (“It is well settled that when courts of this Commonwealth are faced with interpreting statutory language, they afford great deference to the interpretation rendered by the administrative agency overseeing the implementation of such legislation.”). We refuse to limit the provision of waiver in subsection (b) merely because the legislature set forth a specified method of waiver in regard to a subset of policies under subsections (c)
However, the conclusion that inter-policy stacking may be waived does not end our analysis. We must determine how it may be waived. Subsection (d), which provides the necessary waiver form for multiple-vehicle policyholders, indicates that the legislature felt it necessary to require insurers to provide insureds with specific language in written form to ensure ample notice of the benefits to be waived. Moreover, the legislature imposed a significant sanction on an insurance company that deviates from the form, voiding any “rejection form that does not comply with this section.” 75 Pa.C.S. § 1738(e). Given the form required by subsection (d), the sanction provided in subsection (e), and the imperative language granting stacking to all insureds in subsection (a), it is readily apparent that some form of knowing waiver must occur before we allow enforcement of an inter-policy stacking waiver. As Chief Justice Cappy previously has commented, “It is evident that the General Assembly sought to ensure that policyholders would be given full information regarding availability of stacked coverage before deciding whether or not to reject it.” Rupert v. Liberty Mut. Ins. Co., 566 Pa. 387, 781 A.2d 132, 135 (2001).
By signing this waiver, I am rejecting stacked limits of uninsured motorist coverage under the policy for myself and members of my household under which the limits of coverage available would be the sum of limits for each motor vehicle insured under the policy. Instead, the limits of coverage that I am purchasing shall be reduced to the limits stated in the policy. I knowingly and voluntarily reject the stacked limits of coverage. I understand that my premiums will be reduced if I reject this coverage.
While the language of subsection (d) is unambiguous in regard to the sufficiency of waiver of intra-policy stacking as it speaks to stacking as “the sum of the limits for each motor vehicle insured under the policy,” the language does not clearly address an inter-policy stacking waiver, which would involve the limits for each motor vehicle insured under the policies. 75 Pa.C.S. § 1738(d) (emphasis added). Therefore, we must determine whether, under the circumstances of this case, the form put Randall on clear notice that he was waiving inter-policy stacking.
This conclusion is supported by the public policy concern driving our decisions in the household vehicle exclusion cases. In those cases, we held that the public policy of cost-containment “functions to protect insureds against forced underwriting of unknown risks that insureds have neither disclosed nor paid to insure,” and prevents insureds from “receiving gratis coverage.” Burstein, 809 A.2d at 208. Thus, insurers are not “compelled to subsidize unknown and uncompensated risks by increasing insurance rates comprehensively.” Id.; see Eichelman, 711 A.2d at 1010 (acknowledging the significance of the “correlation between premiums paid by the insured and the coverage a claimant should reasonably expect to receive”); Colbert, 813 A.2d at 760 (Castille, J., dissenting) (“The overriding concern powering the decisions in Burstein; Eichelman and the other earlier cases is to ensure that both the insurer
Therefore, we hold that inter-policy stacking can be waived and, in fact, was waived under the facts of this case. The waiver thus prevents the Craleys from recovering the “sum of the limits for each motor vehicle as to which the injured person is an insured.” 75 Pa.C.S. § 1738(a). Instead, because State Farm paid the Craleys $30,000 under Jayneann’s policy, which was the stated limit under both Jayneann’s policy and Randall’s policy, they can not claim any additional benefit under Randall’s policy. Thus, we affirm the decision of the Superior Court reversing the trial court and remanding for entry of summary judgment in favor of State Farm.
. The household vehicle exclusion is one of several types of exclusionary clauses included in motor vehicle insurance policies providing uninsured motorist coverage. Specifically, the household vehicle exclusion exempts from uninsured motorist coverage any coverage for bodily injury sustained while occupying a vehicle owned by the named insured, see infra note 2, the named insured’s spouse, or a resident relative of the named insured, but not insured under the policy in question. See Prudential Prop. & Cas. Ins. Co. v. Colbert, 572 Pa. 82, 813 A.2d 747, 751-52 (2002); Eichelman v. N’wide Ins. Co., 551 Pa. 558, 711 A.2d 1006, 1007 (1998).
. Section 1702 (Definitions) of the MVFRL separates "named insureds” from other types of insureds:
"Insured.” Any of the following:
(1) An individual identified by name as an insured in a policy of
motor vehicle liability insurance.
(2) If residing in the household of the named insured:
(i) a spouse or other relative of the named insured; or
(ii) a minor in the custody of either the named insured or relative of the named insured.
. § 1738. Stacking of uninsured and underinsured benefits and option to waive
(a) Limit for each vehicle. — When more than one vehicle is insured under one or more policies providing uninsured or underinsured motorist coverage, the stated limit for uninsured or underinsured coverage shall apply separately to each vehicle so insured. The limits of coverages available under this subchapter for an insured shall be the sum of the limits for each motor vehicle as to which the injured person is an insured.
(b) Waiver. — Notwithstanding the provisions of subsection (a), a named insured may waive coverage providing stacking of uninsured or underinsured coverages in which case the limits of coverage available under the policy for an insured shall be the stated limits for the motor vehicle as to which the injured person is an insured.
(c) More than one vehicle. — Each named insured purchasing uninsured or underinsured motorist coverage for more than one vehicle under a policy shall be provided the opportunity to waive the stacked limits of coverage and instead purchase coverage as described in subsection (b). The premiums for an insured who exercises such waiver shall be reduced to reflect the different cost of such coverage.
(d) Forms.—
(1) The named insured shall be informed that he may exercise the waiver of the stacked limits of uninsured motorist coverage by signing the following written rejection form:
UNINSURED COVERAGE LIMITS
By signing this waiver, I am rejecting stacked limits of uninsured motorist coverage under the policy for myself and members of my household under which the limits of coverage available would be the sum of limits for each motor vehicle insured under the policy. Instead, the limits of coverage that I am purchasing shall be reduced to the limits stated in the policy. I knowingly and voluntarily reject the stacked limits of coverage. I understand that my premiums will be reduced if I reject this coverage.
Signature of First Named Insured
Date
(2) [Providing identical language in relation to underinsurance benefits as that provided above for uninsurance benefits.]
*489 (e) Signature and date. — The forms described in subsection (d) must be signed by the first named insured and dated to be valid. Any rejection form that does not comply with this section is void.
75 Pa.C.S. § 1738.
. We will refer throughout this opinion to the claimants collectively as the "Craleys.”
. According to the Craleys, Randall’s claim on behalf of Keith is no longer at issue. Additionally, Gloria sought coverage under her own insurance policy issued by Prudential Property and Casualty Insurance Company. That claim is not at issue before this Court. Therefore, this
. Jayneann’s policy also contained the same household exclusion and stacking waiver.
7. We note that Section 1738(d) also directs insurers to supply an identical form relating to the waiver of stacking of underinsured motorist coverage.
. Uninsured Motorist Coverage.
. A "family car exclusion” is another category of exclusionary clause under which an insured cannot obtain uninsured or underinsured motorist benefits by claiming that a car owned by an insured is itself uninsured or underinsured. See Paylor, 640 A.2d at 1234.
. Presumably because the trial court previously found the inter-policy stacking waiver invalid, the trial court did not acknowledge that both Randall and Jayneann had received a reduced premium for their agreement to waive the ability to stack the coverage limits of the two polices, which, given the identical coverage limits of the polices in this case, would prevent recovery of additional benefits under Randall’s policy.
. Judge Bender filed a concurring and dissenting opinion in which he agreed with the determination that the household vehicle exclusion was dispositive of the case, but dissented from what he considered to be an unnecessary discussion of the validity of inter-policy stacking waiver.
. The parties understandably devote substantial portions of their briefs to the validity of the household exclusion that was the basis for the Superior Court’s decision. However, we find it unnecessary to summarize their arguments in this regard, as they are not relevant to our analysis of Section 1738.
. The Superior Court considered this analysis as binding in Hams, 826 A.2d at 884, Rizzo, 835 A.2d at 363-64, and in the case sub judice, Craley III, 844 A.2d at 574. Conversely, in reviewing his own decision in Stacking Litigation, Judge Joyce, writing for an en banc majority in Generette v. Donegal Mutual Insurance Co., 884 A.2d 266 (Pa.Super. 2005), pet. for allowance of appeal filed, recently found that the analysis of the inter-policy stacking waiver issue constituted obiter dictum in Stacking Litigation, and that the analysis in the other cases was "best described as the stacking of stacking dicta.” 884 A.2d at 276. Acknowledging the criticism of the waiver precedent in Craley III, the panel majority in Generette relied upon the Commissioner's analysis set forth, supra, in Leed, and concluded that single-vehicle policyholders could waive stacking. The majority found no relief due to the claimant after applying the policy endorsement applicable after waiver of stacking.
We need not determine whether the Superior Court’s prior precedent in the area constitutes dictum as it would not be binding on this Court in any event.
. As with all questions of law, our standard of review is de novo and our scope of review is plenary. See Buffalo Township v. Jones, 571 Pa. 637, 813 A.2d 659, 664 n. 4 (2002).
. Subsection (d) also specifically applies to multiple-vehicle policies as it refers to the stacked coverage as "the sum of the limits for each motor vehicle insured under the policy,” whereas subsection (a) refers
. In Rupert, this Court considered the technical requirements of stacking waiver under Section 1738. A six-member panel of this Court divided evenly on a certified question from the United States Court of Appeals for the Third Circuit as to whether, under subsection (e), an insurer must secure a signed waiver by the current first named insured or merely secure a signed waiver by the first named insured at the time of policy inception only. Two justices joined (now Chief) Justice Cappy in concluding that it would "violate[] the legislative goal of ensuring knowledgeable rejection of coverage” to hold that the waiver provision
. In construing ambiguous language in an insurance contract, we generally construe the language against the insurance company as the drafter of the contract. Madison Constr. Co. v. Harleysville Mut. Ins. Co., 557 Pa. 595, 735 A.2d 100, 106 (1999) (“Where a provision of a policy is ambiguous, the policy provision is to be construed in favor of the insured and against the insurer, the drafter of the agreement.”). However, in this case, the language at issue was not drafted by the insurer but by the General Assembly. Indeed, the legislature declared, “[a]ny rejection form that does not comply with this section is void.” 75 Pa.C.S. § 1738(e). Additionally, although we have at times asserted that the MVFRL must be accorded a liberal construction in favor of the insured, see Hoffman v. Troncelliti, 576 Pa. 504, 839 A.2d 1013, 1019 (2003), based on the rule of statutory construction that statutory provisions "shall be liberally construed to effect their objects and to promote justice,” 1 Pa.C.S. § 1928(c), we have also noted, as previously discussed in this opinion, that the primary purpose of the MVFRL and especially the 1990 amendments, and thus the object to be achieved, is to control costs of insurance such that a higher percentage of drivers may be able to afford insurance.
. Although we conclude that the waiver in this case was knowing, our consideration nonetheless raises questions as to whether the waiver would be knowing if Randall's policy had covered more than one vehicle. If a named insured insures some cars under one policy ("the policy”) and others under a separate policy (“the second policy”) and signs the form provided in subsection (d) which refers to the waiver of stacking "for each motor vehicle insured under the policy," that named insured reasonably could assume that he received a reduced premium for waiver of the stacking of the limits regarding the vehicles insured by "the policy” with no knowledge that he was waiving stacking of the applicable limits of "the policy” to "the second policy,” despite paying premiums on both policies. We urge the legislature or the Commissioner to clarify whether and how insurers may secure a valid waiver in such a case.
Concurring Opinion
concurring.
I am constrained to join the result reached by the Majority Opinion. I write separately in order to express my views regarding the inconsistency between the written rejection form found at 75 Pa.C.S. § 1738(d)(1) and the remainder of Section 1738 of the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. § 1738.
In my view, the plain language of Subsection (a) of 1738 allows for both inter- and intra-policy stacking of uninsured and underinsured motorist coverage. Similarly, unlike the Majority, I believe the plain language of Subsection (b) of 1738 generally provides named insureds with the option to waive stacking of uninsured and underinsured motorist coverage, which would include both inter- and intra-policy stacking. Subsection (c) specifically requires, inter alia, that each
All of this leads me to the conclusion that the Legislature intended to allow for inter- and intra-policy stacking of uninsured and underinsured motorist coverage and for the waiver of the same. With that said, when measured against the remainder of Section 1738, there is an inconsistency in the aforementioned written rejection form regarding the waiver of inter-policy stacking.
The written rejection form reads as follows:
By signing this waiver, I am rejecting stacked limits of uninsured motorist coverage under the policy for myself and members of my household under which the limits of coverage available would be the sum of limits for each motor vehicle insured under the policy. Instead, the limits of coverage that I am purchasing shall be reduced to the limits stated in the policy. I knowingly and voluntarily reject the stacked limits of coverage. I understand that my premiums will be reduced if I reject this coverage.
75 Pa.C.S. § 1738(d)(1) (emphasis added). The emphasized language above seems to indicate that if a named insured would decide not to waive stacking, then the amount of coverage available would be the sum of the limits for each vehicle insured under the named insured’s policy. This rejection form, therefore, appears to speak only to the effects of intra-policy stacking and not to the effects of inter-policy stacking, which would permit the limits of coverage available to be the sum of the limits for each motor vehicle insured under the policy and/or any other relevant policies. I respectfully submit that the General Assembly could cure the inconsistency between the written rejection form and the remainder
By signing this waiver, I am rejecting stacked limits of uninsured motorist coverage under the policy for myself and members of my household under which the limits of coverage available would be the sum of limits for each motor vehicle insured under the policy or the policies. Instead, the limits of coverage that I am purchasing shall be reduced to the limits stated in the policy. I knowingly and voluntarily reject the stacked limits of coverage. I understand that my premiums will be reduced if I reject this coverage.
I do not believe that the inconsistency between the written rejection form and the remainder of Section 1738 renders Randall Craley’s particular rejection of the stacking of uninsured or underinsured motorist coverage invalid or unenforceable as it applies to inter-policy stacking. The reality is that because Mr. Craley only insured one vehicle under his policy, when he signed the rejection form, he “could not have thought he was receiving a reduced premium for waiving intra-policy stacking [since] there could be no intra-policy stacking with only one vehicle on ‘the policy.’ ” Majority Opinion 586 Pa. at 504, 895 A.2d at 542. I, therefore, am able to join the result reached by the Majority Opinion.
Reference
- Full Case Name
- Randall P. CRALEY, Administrator of the Estate of Jayneann M. Craley, Randall P. Craley, Parent and Natural Guardian of Keith P. Craley, a Minor, and Randall P. Craley, in His Own Right, and Gloria M. Craley and Lawrence W. Craley, Husband and Wife, Appellants v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee
- Cited By
- 106 cases
- Status
- Published