Ability to Stack Four Policies Results in $100,000.00 Settlement

Case Type
Injuries,
County
State
Amount$100,000.00

Insurance StackingBlake Heath settled a claim for a 12 year old client after a motorcycle accident. The client was a passenger on the back of his father’s motorcycle. His father attempted to pass a vehicle when the vehicle turned left and ran the motorcycle off the road.

The client suffered a broken collar bone and ankle. A claim was brought against the client’s father who was driving the motorcycle. The father had four insurance policies through the same company, one for the motorcycle and three other policies covering three different vehicles. The insurance company had an exclusion in each policy that reduced the full amount of the policies to $25,000.00 for household members.

The next issue was whether or not the four policies would stack. The recent decision of Dutton v. American Family Mutual Insurance Company from the Missouri Supreme appeared to answer the question. In Dutton, the Supreme Court held the Motor Vehicle Financial Responsibility Laws does not require payment of $25,000.00 – The state minimums for liability policies – for each vehicle when a negligent driver has multiple liability policies.

Before the impact of Dutton set in, however, Mr. Heath made a demand for $100,000.00 for his client’s injuries and the insurance company agreed to pay.

 

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