In Geist v. State Farm Mut. Auto. Ins. Co., 49 F.4th 861 (3rd Cir. Sept. 29, 2022, Randel, C.J.), the Third Circuit Court of Appeals considered whether a selection of lower UIM limits form under Section 1734 was required when an additional vehicle was added to an existing policy of insurance.
Claimant and her family had been insured under a State Farm policy which provided stacked UIM benefits for two vehicles with coverage limits of 50/100. The liability limits on the policy were 100/300. Claimant was involved in an accident with an uninsured motorist and claimed that since a vehicle was added since the signing of the lower UIM limits form, that a new form was needed at that time. Plaintiff argued that she was entitled to recover the amount of liability coverage of $100,000 per person, or $200,000. Plaintiff also sought a determination that similarly situated insureds were entitled to the same pursuant to a putative class action.
Prior to appeal, District Judge Wolson determined that there is no obligation to seek a lower limits selection form after a vehicle was added when the original policy remained in place. The Third Circuit declined to certify the question for review by Pennsylvania’s Supreme Court as they believed the answer was clear. The Third Circuit affirmed the District Court’s dismissal of Plaintiff’s Complaint noting that 75 Pa. C.S.A. 1731 and 1734 did not require a new lower limits selection form when the vehicle was added to an existing policy.
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