McGuire v. Nationwide Affinity Ins. Co. of Am., 2025 U.S. Dist. LEXIS 40195
(Pennsylvania Western District Court, March 6, 2025) (Ranjan, J.)
On September 11, 2024, the Court issued an opinion, granting partial summary judgment in this underinsured motorist coverage case. As the parties made clear, the key dispute in this case was whether Nationwide’s “One Product” policy was a new policy or a renewal of the prior policy. In the Court’s opinion, the Court examined several of the so-called “clarifications” in the One Product policy and concluded that at least some of them were really changes that reduced the amount of coverage from the prior policy. Because of this, the One Product policy couldn’t be a “renewal” policy. It was thus necessarily the purchase of a new policy, and so under Pennsylvania law, Nationwide was required, as with any other purchase of uninsured (UM) or underinsured (UIM) motorist coverage, to provide its policyholder with a new stacking-waiver form. 75 Pa. C.S. § 1738(c). It failed to do that here.
Nationwide moved for reconsideration. The Court denied the Motion for Reconsideration.
• The question is whether Nationwide’s “OneProduct” policy was a new policy or a renewal of the prior policy.
• The Court concluded that some of the changes reduce the amount of coverage from the prior policy.
• Therefore, the policy could not be a mere “renewal”.
• It was thus necessarily the purchase of a new policy and hence a new stacking waiver form needed to be provided. Nationwide did present a new form.
