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Cipriani & Werner has over 75 attorneys in 7 cities with expertise in commercial litigation, civil litigation, workers’ compensation, and more.
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Cipriani & Werner has built expertise in commercial litigation, civil litigation, and workers’ compensation.
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Cipriani & Werner has offices throughout Pennsylvania, New Jersey, and West Virginia.
650 Washington Road Suite 700Pittsburgh, PA 15228Phone: (412) 563-25001011 Mumma Road Suite 201Lemoyne, PA 17043-1145Phone: (717) 975-9600450 Sentry Parkway Suite 200Blue Bell, PA 19422Phone: (610) 567-0700409 Lackawanna Ave Suite 402Scranton, PA 18503-2059Phone: (570) 347-0600155 Gaither Drive Suite BMt. Laurel, NJ 08054Phone: (856) 761-38001144 Market Street Suite 300Wheeling, WV 26003Phone: (304) 232-3600500 Virginia St. East Suite 750Charleston, WV 25301Phone: (304) 341-0500 -
C&W Journal
C&W Journal
Cipriani & Werner provides legal insight for business professionals.
May 2012 Edition
No Stacking Of Fleet Policies
Source
Everhart v. PMA Insurance (Pa.)
Analysis
This case addressed the issue of whether auto accident claimants may stack UIM/UM coverage under commercial fleet auto policies. The Supreme Court of Pennsylvania unanimously affirmed the Superior Court’s holding that the terms of the Motor Vehicle Financial Responsibility Law do not mandate the stacking of UIM/UM coverage on commercial fleet policies. In Justice Cappy's decision, he does not, however, address the issue of what constitutes a “fleet” policy.
What it Means for You
Obviously, an adverse ruling on this issue would have been catastrophic to carriers and the way they write fleet policies. This was essentially a common sense ruling. The lingering issue, however, will be the definition of a “fleet” policy. As with most coverage issues, clearly defined terms will control. The best strategy for successfully resolving coverage disputes is to have clear and unambiguous policy language though, there is room for further debate. Again, because future litigation for further clarification of what constitutes a “fleet” policy is likely, it will be important to monitor this line of cases.
Journal Edition
February 2008
