Josephine GENERETTE, Appellant
v.
DONEGAL MUTUAL INSURANCE COMPANY, Appellee.
Supreme Court of Pennsylvania.https://leagle.com/images/logo.png
Argued March 6, 2008.
Decided October 23, 2008.
Attorney(s) appearing for the Case
Thomas Paul Lang, Esq., Dale E. Anstine, P.C., Scott B. Cooper, Esq., Schmidt Kramer, P.C., Harrisburg, for Josephine Generette.
John W. Pollins, III, Esq., Greensburg, for amicus curiae The PA Trial Lawyers' Association.
Teresa Ficken Sachs, Esq., Post & Schell, P.C., Philadelphia, for Donegal Mutual Insurance Company.
Brooks Roderick Folan, Esq., Stephanie Lynn Hersperger, Esq., Thomas, Thomas & Hafer, L.L.P., Harrisburg, for amicus curiae PA Defense Institute.
BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.
Supreme Court of Pennsylvania.
OPINION
Justice BAER.
In this case, we consider the interaction between 75 Pa.C.S. § 1733,1 governing the priority of recovery of uninsured or underinsured motorist insurance under the Motor Vehicle Financial Responsibility Law ("MVFRL"), and the MVFRL's provision for the waiver of stacking of underinsured motorist coverage, 75 Pa.C.S. § 1738.2 We hold that the Superior Court erred...
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