Timothy Rupert v. Liberty Mutual Insurance Company

OPINION OF THE COURT

FUENTES, Circuit J.

This case raises the issue whether the plaintiff, insured under an automobile insurance policy issued by the defendant, is bound by a stacking waiver signed by his deceased wife, who was formerly the first named insured on the policy.1 This issue returns to us from the Pennsylvania Supreme Court, notwithstanding that it granted our certification of a question of law.2 We framed the issue on certification as follows:

Does the requirement in 75 Pa.C.S. § 1738(e) that a valid stacking waiver “must be signed by the first named insured” mean that a valid…