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Mere 'Change' Not a Purchase Under Auto Policy

The justices of the Pennsylvania Supreme Court ruled that a change in vehicles covered by an auto policy does not equate a "purchase" entitling the policyholders to another opportunity to waive UM/UIM stacking.

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Pennsylvania’s justices on Wednesday declined to take a more expansive view of a statute dictating when auto insurance customers can waive stacking benefits. In a unanimous 12-page opinion, the Supreme Court determined that deleting a vehicle from an insurance policy does not create the same renewed chance to waive stacking that adding coverage for an additional car does. The case is Franks v. State Farm Mut. Auto. Ins. Co., 2023 Pa. LEXIS 525 (Pa. 2023).

“It’s certainly going to limit the ability of claimants to recover, and it shifts the burden from the insurance companies onto those claimants to comply with the law,” said James Hockenberry, a partner with the Law Office of Leon Aussprung who represented the plaintiffs.

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