In Rodriguez, et al., v. Penn National Mut. Ins. Co., No. S-203-16 (C.P. Schuylkill Co. Jan. 14, 2020, Goodman, J.), the trial court addressed whether a First Named Insured was required, per statute, to personally sign a form providing for the rejection of Underinsured Motorists (UIM) benefits.
Plaintiffs, a husband and wife, applied for and received automobile insurance coverage with Defendant. The husband was listed as the First Named Insured. However, the wife signed all insurance documentation and forms, including, a waiver of stacked UIM benefits. In response to a claim for UIM benefits, Defendant contended that Plaintiffs had waived said coverage. Plaintiffs argued that the rejection of stacking was invalid since the wife was not the first named insured.
In response to cross motions for partial summary judgment, Judge Goodman held that if the written waiver of stacked insurance limits is not signed by the “First Named Insured,” it is not valid. 75 Pa.C.S.A. Section 1738 (c), (d), (e). Defendant contended that the wife was acting as her husband’s agent in signing the forms. In denying the agency argument, Judge Goodman found that a court may not ignore the plain and unambiguous words of a statute. Jones v. Unitrin Auto and Home Ins. Co., 40 3d 125, (Pa. Super. 2012). Accordingly, the waiver of stacking was deemed invalid.
Questions regarding this case can be referred to Sean P. Buggy, Esq.
