Generette v. Donegal Mutual Insurance Company

OPINION

Justice BAER.

In this case, we consider the interaction between 75 Pa.C.S. § 1733,1 governing the priority of recovery of uninsured or underinsured motorist insurance under the Motor Vehicle Financial Responsibility Law (“MVFRL”), and the MVFRL’s provision for the waiver of stacking of underinsured motorist coverage, 75 Pa.C.S. § 1738.2 We hold that the Superior Court erred in concluding that the MVFRL provision relating to stacking and waiver applied to the Appellant, who was not an “insured” as defined by the MVFRL. Additionally, we hold that a portion of the “Other Insurance” clause…