Stacking Limits

Court

Ronnie Dooley purchase auto insurance and paid three separate premiums to cover three vehicles.  When injured in a serious auto accident, Dooley looked to his auto policy for UM/UIM coverage.  In prior policies, the declarations sections showed UM/UIM coverage in the amount of $100,000 per person for each covered vehicle.  No changes were requested by the insured; however, the policy in effect at the time of the accident did not reference an amount of UM/UIM coverage but listed a general liability coverage limit of $100,000 per person for each vehicle listed.  The UM/UIM endorsement attached to the policy contained an anti-stacking provision.  Nowhere in the policy was a UM/UIM limit listed, so the court concluded that in compliance with Virginia Code the UM/UIM coverage “shall equal” the general liability coverage.  As determined by the insurer, Dooley was entitled to $100,000 rather than the $300,000 he was seeking.

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