Schmidt Kramer is proud to share a recent victory for our client, Hannah Baluch, who was severely injured in a motorcycle accident. Partner Scott Cooper successfully argued her case, leading to a unanimous decision by the Pennsylvania Superior Court in her favor.
Court Decision and Analysis
The case centered on whether Baluch could receive UIM benefits from the same policy that provided liability coverage for the motorcycle she was riding on as a passenger when her stepfather, who was driving, had a fatal accident in April 2022.
Erie Insurance Exchange had already paid $100,000 in liability coverage from the motorcycle policy and $100,000 in UIM coverage from Baluch’s separate personal auto policy. The court’s decision reversed the lower court’s ruling and determined Baluch was entitled to an additional $100,000 in secondary UIM coverage from the motorcycle policy.
Judge Nick A. Panella, writing for the panel, distinguished this case from previous precedents (Wolgemuth and Newkirk cases) and aligned it more closely with the 2019 Gallagher vs. GEICO case. The court found that since Baluch had not waived UIM coverage stacking and held a separate policy providing UIM benefits, she was entitled to stack the benefits.
The court also ruled that the policy’s exclusion of the motorcycle from its definition of “underinsured motor vehicle” constituted an invalid “disguised waiver” of UIM stacking. This decision was seen as an example of ensuring policyholders receive the coverage they pay for.
Congratulations, Scott!