Unravelling the Complexities of UM and UIM Stacking: Ensuring adequate coverage and avoiding pitfalls

Jeffrey K. Stanton
Suzanne Tighe
Glen Shikunov
Jeffrey K. Stanton | Haggerty, Goldberg, Schleifer & Kupersmith, P.C.
Suzanne Tighe | Chartwell Law
Glen Shikunov | McCormick & Priore, P.C.

On-Demand: June 29, 2023

Unravelling the Complexities of UM and UIM Stacking: Ensuring adequate coverage and avoiding pitfalls

$95.00 1 hour CLE

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Program Summary

This CLE webinar will provide insight into the manner and method of stacking uninsured (“UM”) and underinsured motorist (“UIM”) coverage. The panel will offer an overview of stacking as well as discussion concerning the codification of stacking concepts, relevant policy provisions, and more. The program will also assist counsel in developing strategies for both policyholders and insurers, including identifying available sources of recovery and discussing strategies for preventing the misapplication of stacking concepts.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Stacking is the cumulation of coverages in order to increase the potential pool of recovery. Coverage is usually stacked vertically (intra-policy stacking) or horizontally (inter-policy stacking)
  • Each policy of insurance may contain eligibility requirements, as well as other limitations or exclusions which may impact the rights of an insured to stack coverage
  • Additionally, state specific statutory limitations may impact the extent to which stacking is permissible
  • Although the stacking of coverage can, at times, be a point of confusion for practitioners, the panel hopes to provide strategies for both policyholders and insurers to identify available sources of recovery and to prevent the misapplication of stacking concepts

Date: June 29, 2023

Closed-captioning available

Speakers

Jeffrey K. Stanton_Haggerty, Goldberg, Schleifer & Kupersmith, P.C._FedBarJeffrey K. Stanton | Haggerty, Goldberg, Schleifer & Kupersmith, P.C.

Jeffrey K. Stanton is a partner at Haggerty, Goldberg, Schleifer & Kupersmith, P.C. and a member of its insurance coverage team. Mr. Stanton’s practice involves not only personal injury litigation but also complex insurance coverage disputes, uninsured/underinsured motorist claims, insurance bad faith litigation, as well as appellate cases. Mr. Stanton regularly represents clients in the state and federal trial and appellate courts in both Pennsylvania and New Jersey. Mr. Stanton is a frequent lecturer on insurance, bad faith, and motor vehicle law issues.

Prior to joining Haggerty, Goldberg, Schleifer & Kupersmith, P.C., Mr. Stanton was an attorney for the Governor’s Office of General Counsel where he represented and advised the Pennsylvania Department of Transportation. Mr. Stanton also served as the Judicial Law Clerk to the Honorable Chad F. Kenney in the Delaware County Court of Common Pleas.

 

Suzanne Tighe_Chartwell Law_FedBarSuzanne Tighe | Chartwell Law

Suzanne Tighe is a partner in Chartwell Law’s Philadelphia office, where she focuses on the defense of insurance related claims. Suzanne concentrates on first-party property claims, third-party liability claims and uninsured/underinsured motorist claims. Early in her career, Suzanne represented both claimants and insureds and she credits the insights gained from understanding opposing positions with strengthening her ability to advocate for her clients.

Suzanne’s engagement with the insurance industry extends beyond representing her clients. She lectures regularly on insurance related topics and has authored amicus briefs in Pennsylvania State and Federal Courts.

Before joining Chartwell Law, Suzanne was Of Counsel in the Blue Bell office of a regional law firm.

 

Glen Shikunov_McCormick & Priore, P.C._FedBarGlen Shikunov | McCormick & Priore, P.C.

Mr. Shikunov’s prior experience spans a broad range of practice areas including general litigation, corporate, criminal and banking compliance law. Prior to joining McCormick & Priore, Mr. Shikunov was an Assistant District Attorney at the Lancaster County District Attorney’s Office where he handled both felony and misdemeanor level cases up to and through trial. Mr. Shikunov currently focuses his practice in the areas of insurance coverage, insurance bad faith, and personal injury litigation. He also regularly presents seminars on novel litigation issues associated with the insurance industry and serves as an arbitrator in the Philadelphia County Compulsory Arbitration Program.

Agenda

I. General Overview of Stacking Concepts | 12:00pm – 12:15pm

  • Stacking Defined
  • How Stacking Developed
  • Types of stacking
  • Intra-policy stacking
    • Inter-policy stacking
  • Is it Even Stacking?

II. Statutory Provisions | 12:15pm – 12:25pm

  • Codified Stacking Concepts
  • Stacking Mandatory? Stacking Prohibited?

III. Policy Language | 12:25pm – 12:40pm

  • Stacking Concepts Included in Policies?
    • Endorsement? Coverage Symbols? Amounts Payable? Other Insurance?
    • Does Policy Comply with Applicable Statute?
  • Exclusions
  • Setoffs
  • Waivers

IV. Strategies for policyholders | 12:40pm – 12:50pm

V. Strategies for insurers | 12:50pm – 1:00pm