In Erie Ins. Co. v. Petrie, the decedent’s estate appealed the trial court’s grant of Erie Insurance Co.’s motion for judgment on the pleadings. The Superior Court held that the trial court erred because the decedent had the right to aggregate or “stack” the limits of coverage for underinsured motorists (UIM) of two separate policies, i.e., “inter-policy stacking,” under the terms of the decedent’s automobile insurance policy in effect with Erie. Relying on Craley v. State Farm Fire & Cas. Co., 895 A.2d 530 (Pa. 2006), the Court ruled that, because the stacking waiver did not explicitly address inter-policy stacking, the decedent could not have made a knowing decision to waive stacking when he signed the policy.
