Government Employees Insurance Co. v. Ayers

DISSENTING STATEMENT BY

MUSMANNO, J.: .

¶ 1 Although the majority sets forth a reasoned analysis, I am compelled to respectfully dissent because it is my judgment that the application of the household exclusion where an insured had not waived and received an attendant reduction in premiums acts as an unknowing waiver of stacking coverage that deprives an insured of the benefits for which he or she paid. Accordingly, I believe that trial court reached the correct conclusion.

¶ 2 The trial court held that the household exclusion contained within the GEI-CO policy was at odds with the stacking provisions of the MVFRL. Accordingly, the trial court held that this contradiction created an ambiguity within the GEICO policy, which was required to be resolved against GEICO. Trial Court Opinion, 8/23/07, at 6. The trial court further explained that “[t]o allow stacking on the policy covering the trucks meets the reasonable expectations of the insured who *1031voluntarily chose stacking coverage and the attendant increased premium.” Id.

¶ 3 This case involves a situation where the insured, Ayers, elected and paid for stacking coverage,4 The application of the household exclusion effectively stripped Ayers of the stacking coverage to which he was entitled pursuant to the MVFRL as he had not waived this coverage or received a reduction in premiums. The majority attempts to side-step this fact by claiming that an insured would be stripped of inter-policy stacking benefits upon the application of the household exclusion under only “narrow circumstances,” and concludes that it is, therefore, acceptable.

¶4 However, I cannot agree that the effective stripping of inter-policy stacking benefits will occur in only “narrow circumstances.” Because insurance companies routinely require motorcycle owners to insure their motorcycles under a separate insurance policy from the owners’ other vehicles, those motorcycle owners who elected and paid for inter-policy stacking will be stripped of these benefits when they are injured while riding their motorcycles. I do not characterize this as a “narrow circumstance” and permit the insurance companies to receive a windfall, as they would be permitted to withhold benefits for which the insured has paid.

¶ 5 Accordingly, I would affirm the Order of the trial court.

. The parties stipulated that Ayers did not opt out of stacking coverage or receive any reduction in premiums. See Stipulation of Facts, 10/27/06, at 2; Reply to Defendant’s Motion for Summary Judgment, 2/6/07, at 11 3.