Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 17 - Financial Responsibility
Section 1738 - Stacking of uninsured and underinsured benefits and option to waive


(a) Limit for each vehicle.--When more than one vehicle is insured under one or more policies providing uninsured or underinsured motorist coverage, the stated limit for uninsured or underinsured coverage shall apply separately to each vehicle so insured. The limits of coverages available under this subchapter for an insured shall be the sum of the limits for each motor vehicle as to which the injured person is an insured.
(b) Waiver.--Notwithstanding the provisions of subsection (a), a named insured may waive coverage providing stacking of uninsured or underinsured coverages in which case the limits of coverage available under the policy for an insured shall be the stated limits for the motor vehicle as to which the injured person is an insured.
(c) More than one vehicle.--Each named insured purchasing uninsured or underinsured motorist coverage for more than one vehicle under a policy shall be provided the opportunity to waive the stacked limits of coverage and instead purchase coverage as described in subsection (b). The premiums for an insured who exercises such waiver shall be reduced to reflect the different cost of such coverage.
(d) Forms.--
(1) The named insured shall be informed that he may exercise the waiver of the stacked limits of uninsured motorist coverage by signing the following written rejection form:
UNINSURED COVERAGE LIMITS
By signing this waiver, I am rejecting stacked limits of uninsured motorist coverage under the policy for myself and members of my household under which the limits of coverage available would be the sum of limits for each motor vehicle insured under the policy. Instead, the limits of coverage that I am purchasing shall be reduced to the limits stated in the policy. I knowingly and voluntarily reject the stacked limits of coverage. I understand that my premiums will be reduced if I reject this coverage.


________________________________________


Signature of First Named Insured


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Date
(2) The named insured shall be informed that he may exercise the waiver of the stacked limits of underinsured motorist coverage by signing the following written rejection form:
UNDERINSURED COVERAGE LIMITS
By signing this waiver, I am rejecting stacked limits of underinsured motorist coverage under the policy for myself and members of my household under which the limits of coverage available would be the sum of limits for each motor vehicle insured under the policy. Instead, the limits of coverage that I am purchasing shall be reduced to the limits stated in the policy. I knowingly and voluntarily reject the stacked limits of coverage. I understand that my premiums will be reduced if I reject this coverage.


________________________________________


Signature of First Named Insured


________________________________________


Date
(e) Signature and date.--The forms described in subsection (d) must be signed by the first named insured and dated to be valid. Any rejection form that does not comply with this section is void.
(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)

1990 Amendment. Act 6 added section 1738.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 75 - VEHICLES

Chapter 17 - Financial Responsibility

Extra - Chapter Notes

Section 1701 - Short title of chapter

Section 1702 - Definitions

Section 1703 - Application of chapter

Section 1704 - Administration of chapter

Section 1705 - Election of tort options

Section 1711 - Required benefits

Section 1712 - Availability of benefits

Section 1713 - Source of benefits

Section 1714 - Ineligible claimants

Section 1715 - Availability of adequate limits

Section 1716 - Payment of benefits

Section 1717 - Stacking of benefits

Section 1718 - Exclusion from benefits

Section 1719 - Coordination of benefits

Section 1720 - Subrogation

Section 1721 - Statute of limitations

Section 1722 - Preclusion of recovering required benefits

Section 1723 - Reporting requirements

Section 1724 - Certain nonexcludable conditions

Section 1725 - Rental vehicles

Section 1731 - Availability, scope and amount of coverage

Section 1732 - Limits of coverage (Repealed)

Section 1733 - Priority of recovery

Section 1734 - Request for lower limits of coverage

Section 1735 - Coverages unaffected by workers' compensation benefits (Repealed)

Section 1736 - Coverages in excess of required amounts

Section 1737 - Workers' compensation benefits not a bar to uninsured and underinsured motorist benefits (Repealed)

Section 1738 - Stacking of uninsured and underinsured benefits and option to waive

Section 1741 - Establishment

Section 1742 - Scope of plan

Section 1743 - Rates

Section 1744 - Termination of policies

Section 1751 - Organization

Section 1752 - Eligible claimants

Section 1753 - Benefits available

Section 1754 - Additional coverage

Section 1755 - Coordination of benefits

Section 1756 - Subrogation

Section 1757 - Statute of limitations

Section 1771 - Court reports on nonpayment of judgments

Section 1772 - Suspension for nonpayment of judgments

Section 1773 - Continuation of suspension until judgments paid and proof given

Section 1774 - Payments sufficient to satisfy judgments

Section 1775 - Installment payment of judgments

Section 1781 - Notice of sanction for not evidencing financial responsibility

Section 1782 - Manner of providing proof of financial responsibility

Section 1783 - Proof of financial responsibility before restoring operating privilege or registration

Section 1784 - Proof of financial responsibility following violation

Section 1785 - Proof of financial responsibility following accident

Section 1786 - Required financial responsibility

Section 1787 - Self-insurance

Section 1788 - Neighborhood electric vehicles

Section 1791 - Notice of available benefits and limits

Section 1791.1 - Disclosure of premium charges and tort options

Section 1791.2 - Motorcycle marshals

Section 1792 - Availability of uninsured, underinsured, bodily injury liability and property damage coverages and mandatory deductibles

Section 1793 - Special provisions relating to premiums

Section 1794 - Compulsory judicial arbitration jurisdiction

Section 1795 - Insurance fraud reporting immunity

Section 1796 - Mental or physical examination of person

Section 1797 - Customary charges for treatment

Section 1798 - Attorney fees and costs

Section 1798.1 - Extraordinary medical benefit rate

Section 1798.2 - Transition

Section 1798.3 - Unfunded liability report

Section 1798.4 - Catastrophic Loss Benefits Continuation Fund

Section 1799 - Restraint system

Section 1799.1 - Antitheft devices

Section 1799.2 - Driver improvement course discounts

Section 1799.3 - Limit on cancellations, refusals to renew, refusals to write, surcharges, rate penalties and point assignments

Section 1799.4 - Examination of vehicle repairs

Section 1799.5 - Conduct of market study

Section 1799.6 - Conduct of random field surveys

Section 1799.7 - Rates