Bowers v. General Cas. Ins. Co.

2014 IL App (3d) 130655 (Ill. App., 2014)

Words & Phrases

Underinsured Motorist Coverage: Stacking

Trial Judge

Hon. Marc Bernabei

Appellate Judge

Presiding Justice Lytton

Holding

UIM limits for three vehicles could be stacked where vehicles and limits were listed separately on policy’s declarations page and separate premiums were paid for each vehicle.

Fact Summary

 

 

The trial court properly allowed plaintiffs to stack the $250,000 underinsured motorist limits for each of the insureds’ three vehicles with respect to the claim for the injuries suffered by one plaintiff when an underinsured motorist drove his vehicle into a convenience store building in which she was standing, since plaintiffs’ policy listed each vehicle separately in the vehicle coverages section, thereby creating an ambiguity to the extent that the insureds could reasonably presume separate underinsured motorist coverage limits applied to each covered vehicle and that the limits could be stacked because separate underinsured motorist premiums were paid for each vehicle.

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