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MARY ANN MILLER v. ROYAL INSURANCE CO. (06/26/86)

filed: June 26, 1986.

MARY ANN MILLER, APPELLEE,
v.
ROYAL INSURANCE CO., APPELLANT



Appeal from the Judgment Entered October 11, 1985 in the Court of Common Pleas of Philadelphia County, Civil No. 3037 July Term 1985.

COUNSEL

George D. Sheehan, Jr., Philadelphia, for appellant.

Michael B. Egan, Philadelphia, for appellee.

McEwen, Olszewski and Kelly, JJ. Kelly, J., concurs in the result.

Author: Olszewski

[ 354 Pa. Super. Page 21]

Appellant, Royal Insurance Company ("Royal"), challenges the lower court's judgment upon its order denying appellant's petition to modify the award of arbitrators. That court found that no error of law was committed by the arbitrators in stacking uninsured motorist coverages under a commercial fleet policy. We disagree and reverse the order of the court below.

This case arose from a motor vehicle collision involving appellee, Mary Ann Miller, and an uninsured motorist. Mrs. Miller was driving a vehicle owned by Wes II Air Freight ("Wes II") and assigned to her husband, Joseph Miller, as Wes II's corporate secretary. The car was covered by an insurance policy issued by Royal to Wes II. Pursuant to Arbitration Act of 1927, the uninsured motorist claim was arbitrated before an arbitration panel who found in favor of the claimant and against Royal in the amount of $70,000. To reach the award of $70,000, the arbitrators stacked coverage for three vehicles insured under this fleet policy. The extent of uninsured motorist coverage per vehicle insured under the policy was $25,000.

[ 354 Pa. Super. Page 22]

Our Supreme Court recently "reserve(d) for another day the questions of whether a 'class one' insured may stack coverages under a fleet policy, and whether the owner and/or officers of a corporation are 'class one' insureds under a policy issued in the name of a corporation." Utica Mutual Insurance Co. v. Contrisciane, 504 Pa. 328, 338 n. 4, 473 A.2d 1005, 1010-1011 n. 4 (1984). That other day has arrived in the form of the case sub judice.

The court below determined that appellee is a class one insured. We agree, however, this classification becomes irrelevant in light of our determination that coverages under a fleet policy may not be stacked.

The Court of Appeals of Maryland has noted that "(t)here is a decided split of authority around the country on intrapolicy stacking." Howell v. Harleysville Mutual Insurance Co., 305 Md. 435, 439, 505 A.2d 109, 111 (1986).*fn1 The Howell court went on to say that, in spite of the split of opinion in the area of consumer policies, "in dealing with the question of whether a claimant-employee should be permitted to stack the coverages provided under a commercial fleet policy insuring several vehicles for which separate premiums were paid, the courts are virtually unanimous (in refusing to allow stacking)." Id.*fn2

One of the most common reasons for denying stacking of fleet policies is that such policies ...


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