Successful defense of UIM claim based on the “other insurance” clause and valid stacking waivers.

After the plaintiff was struck as a pedestrian by a motor vehicle, she recovered the bodily injury limits from the driver’s policy and her personal UIM policy. The plaintiff then submitted UIM claims under her daughter’s and granddaughter’s UIM policies. Both insurers denied the claims, citing to the “other insurance” clause in the policies, and claiming the plaintiff was not entitled to stacked coverage under her relatives’ policies as she and her relatives waived stacking under each of their respective policies. After the plaintiff responded to our motion for summary judgment, the court held argument on the motion. The court granted our motion, dismissing all claims against the insurer, including for breach of contract, bad faith and unjust enrichment. In granting the motion, the court adopted our arguments that: (1) the plaintiff and her relatives knowingly waived inter-policy stacking; (2) the “other insurance” clause applies to bar the plaintiff’s claims; and (3) the “other insurance” clause does not violate public policy or the Pennsylvania Motor Vehicle Financial Responsibility Law.