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Gallagher, B. v. Geico Indemnity
170 A.3d 974
| Pa. | 2017
|
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*1 IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT BRIAN GALLAGHER, : No. 87 WAL 2017

: Petitioner : : Petition for Allowance of Appeal from : the Order of the Superior Court v. : : : GEICO INDEMNITY COMPANY, :

: Respondent : ORDER PER CURIAM

AND NOW , this 8 th day of August, 2017, the Petition for Allowance of Appeal is GRANTED . The issues, as stated by the Petitioner, are:

(1) Whether the “household vehicle exclusion” violates Section 1738 of the

Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) where GEICO issued all household policies and unilaterally decided to issue two separate policies, when the insured desired stacking, elected stacking, paid additional premiums for stacking and never knowingly waived stacking of underinsured motorist benefits?

(2) Whether the “household vehicle exclusion” impermissibly narrows or conflicts with the statutory mandates of the Pennsylvania Motor Vehicle Financial Responsibility Law and the evidence of record is that GEICO was fully aware of the risks of insuring a motorcycle in the same household as other family vehicles but unilaterally decided to write a separate motorcycle policy?

Case Details

Case Name: Gallagher, B. v. Geico Indemnity
Court Name: Supreme Court of Pennsylvania
Date Published: Aug 8, 2017
Citation: 170 A.3d 974
Docket Number: Gallagher, B. v. Geico Indemnity - No. 87 WAL 2017 (Granted)
Court Abbreviation: Pa.
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