Erie Ins. Exch. v. King

In Erie Ins. Exch. v. King, after a car accident, the appellants made an uninsured motorist claim under an Erie Insurance policy. Erie filed a Complaint for Declaratory Judgment and argued that the appellants were barred from receiving UM coverage due to the household exclusion contained in the policy. The trial court agreed with Erie and granted a motion for judgment on the pleadings. The Superior Court affirmed, first, ruling that the trial court erroneously determined that a stacking provision in the policy at issue was relevant. One appellant’s execution of a stacking waiver was irrelevant to recovery under 75 Pa.C.S. § 1733 because the appellants could not “stack” benefits from Erie with benefits they received from a different insurance company, where they were not “insureds” under the other insurance policy. Nevertheless, the Court held that the plain language of the household exclusion in the Erie policy barred recovery.

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