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