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Underinsured Motorist Coverage – Anti Stacking Provisions

By: Derek Hawkins//July 28, 2015//

Underinsured Motorist Coverage – Anti Stacking Provisions

By: Derek Hawkins//July 28, 2015//

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Civil

7th Circuit Court of Appeals

Officials: BAUER, ROVNER, and TINDER, Circuit Judges

Underinsured Motorist Coverage – Anti Stacking Provisions

No. 14-1913 Nationwide Agribusiness Insura v. Toni Dugan

Where insurance policy held as clear an unambiguous on the prohibition of stacking underinsured motorist coverage, negating the requirement coverage.

“In Willison, the Illinois Appellate Court considered the anti-stacking effect of an ”Other Insurance” provision that contained language virtually identical to the language of the “Other Insurance” provision at issue here. Willison, 690 N.E.2d at 1074. The plaintiff in that case argued that the “OTHER INSURANCE” provision did not prohibit stacking because it applied only to policies issued by different carriers, not to multiple policies issued by the same carrier. Id. The court disagreed, stating that the provision’s language “clearly applies to any type of stacking of [underinsured motorist] coverages, whether multiple policy, multiple carrier, or multiple policy, single carrier or multiple vehicle, single carrier.” Id. at 1076 (emphasis added). The court went on to hold that the “OTHER INSURANCE” provision unambiguously prohibited the plaintiff from stacking underinsured motorist coverages. Id. at 1076–77.”

Affirmed.

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Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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