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Government Employees Insurance Company v. Jesse Ayers

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT


April 28, 2011

GOVERNMENT EMPLOYEES INSURANCE COMPANY, APPELLEE
v.
JESSE AYERS, APPELLANT

Appeal from the Order of the Superior Court entered on August 18, 2008 at No. 839 WDA 2007, reversing the Order of the Court of Common Pleas of Allegheny County entered on April 16, 2007 at No. GD-05-29620, and remanding.

The opinion of the court was delivered by: Mr. Justice Saylor

ARGUED: April 12, 2011

OPINION IN SUPPORT OF AFFIRMANCE

I would disapprove the utilization by an insurer of separate policies pertaining to multiple vehicles within the same household solely to subvert intra-policy stacking without any risk-based justification. Nevertheless, I am persuaded by the reasoning of the United States Court of Appeals for the Third Circuit, the rationale of the Superior Court, and the suggestion by a plurality of this Court that the writing of separate policies, and enforcement of the household exclusion, is justified relative to motorcycle insurance coverage. See Nationwide Mut. Ins. Co. v. Roth, 252 Fed. Appx. 505, 2007 WL 3226188, at *2-3 (3d Cir. 2007); Alderson v. Nationwide Mut. Ins. Co., 884 A.2d 288, 290 (Pa. Super. 2005); Erie Ins. Exch. v. Baker, 972 A.2d 507, 512 n.9 (Pa. 2008) (plurality).

20110428

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