On January 23, 2019, in Gallagher v. GEICO, the Pennsylvania Supreme Court held that that the household / family car exclusion violates the Motor Vehicle Financial Responsibility Law. This opinion will impact claims for stacked uninsured and underinsured motorist coverage arising out of the use of vehicles in the same household but insured under different policies.
The Court's holding went further than the facts of the instant matter and was applied to all family car / household vehicle exclusions, regardless of which carriers were involved. So, if an insured pay for stacked coverage, the exclusion will not prevent stacking the UM/UIM coverage on all of the vehicles in the family. The Court stated in a footnote that insurers “can and will employ [their] considerable resources to minimize the impact of our holding.” The Court suggested requiring disclosure by insureds of the other vehicles and policies in the household during the application process.
As a result of the Gallagher case, you may have additional insurance coverage available in you are hurt in an accident.
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