Auto Law: Insurance Company’s rejection
of stacking form is valid under 75 Pa.C.S. § 1738

(4/7/2023) - The Pennsylvania Superior Court yesterday reversed a trial court’s decision that a waiver of stacking for uninsured motorist coverage was invalid and entered declaratory judgment in favor of the insurer in Seelye v. Allstate Insurance Company.

The trial court had previously ruled that the Seelye’s form was invalid under 75 Pa.C.S. § 1738 because it contained the additional words “REJECTION OF STATCKED” before the words “UNINSURED MOTORIST COVERAGE.”

The Superior Court reversed, citing the state Supreme Court’s decision in a similar case, Winslow-Quattlebaum v. Maryland Casualty Group in which the Supreme Court ruled that an insurer’s rejection form was valid. The Superior Court also said the rejection form at issue in Seelye included each and every word required by 75 Pa.C.S. § 1738, and “there is nothing in the statute that prohibits the form from containing three additional words that clarify the meaning of the form.”

A copy of the opinion is available on the Appellate Court’s web site