Motorcycle Accident UIM Stacking Claim Denied

Posted on: June 29th, 2012       Attorney Thomas Newell

A 2008 decision by the PA Superior Court overruled an Allegheny Court of Common Pleas ruling and prevented a Pennsylvania motorcycle accident victim from stacking additional underinsured motorist coverages. The cyclist was hit by a pick-up truck and thrown to the ground. The rider was then accidentally run over by the truck while he was lying on the street. He received the policy limit from the Defendant’s insurance policy.

The Pennsylvania motorcycle accident lawyer made underinsured motorist claims against Geico under his client’s motorcycle policy, as well as separate insurance policy for his 2 pick-up trucks. Geico denied the UIM claim versus the truck policy based upon the household vehicle exclusion provision. Since the rider was hit while operating the motorcycle, the exclusion set forth in the truck policy prevented an additional recovery.

The Trial Court granted the rider’s Motion for Summary Judgment and ordered that he be permitted to make a UIM claim against all of his insurance policies. The PA Superior Court reversed the lower court opinion. Since the pick-up truck insurance contract eliminated additional coverage when the rider was occupying a vehicle owned him and insured under a different policy, the Appeals Court upheld the exclusion and denied the PA motorcycle accident victim the ability to stack all of his insurance policies. Gieco v. Avers, 955 A.2d 1025 (Pa. Super. 2008)