Legal Opinion
Ewart v. State Farm Mutual Automobile Insurance Co.
District Court, E.D. Pennsylvania
Decided June 6, 2017No. CIVIL ACTION NO. 17-878PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM OPINION
Savage, J.
In this declaratory judgment action removed from the state court calling for the interpretation of the notice and waiver requirements governing stacked coverage of uninsured motorist benefits under Pennsylvania law, the question is whether we should decline to exercise jurisdiction. At the center of the dispute is whether an automobile insurer must obtain new waivers of stacked coverage each time a car is added to a policy. Because the issue is evolving in the state courts and is unsettled, we shall decline to exercise jurisdiction and remand to the state court.
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2Cases cited12 opinions
- Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
- Rox-Ann Reifer v. Westport Insurance CorpCourt of Appeals for the Third Circuit · 2014
- State Auto Ins. Companies v. SummyCourt of Appeals for the Third Circuit · 2000
- United States v. Commonwealth of Pennsylvania, Department of Environmental ResourcesCourt of Appeals for the Third Circuit · 1991
- Bryan Rarick v. Federated Service Insurance CoCourt of Appeals for the Third Circuit · 2017
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bonilla v. City of AllentownDistrict Court, E.D. Pennsylvania · 2019
- Alcedo v. State Farm Mut. Auto. Ins. Co.District Court, E.D. Pennsylvania · 2019
- Kuhns v. Travelers Home & Marine Ins. Co.District Court, M.D. Pennsylvania · 2017
- ALLIED WORLD INSURANCE COMPANY v. SCHIBELL & MENNIE LLCDistrict Court, D. New Jersey · 2020
- ALLSTATE LIFE INSURANCE COMPANY v. STILLWELLDistrict Court, D. New Jersey · 2021
10 more not listed; retrieve them via the Exa API.