We are again fighting Shelter Mutual Insurance Company over Shelter policies and whether they allow the insured to “stack” coverage. Our firm successfully argued that Shelter’s policies permitted stacking based on conflicting provisions found in the policy and UIM endorsement in Long v. Shelter Mut. Ins. Co., (Mo. App. W.D. 2011). Despite the ruling in Long, Shelter has again refused to permit stacking under a virtually identical UIM endorsement.
We believe, however, that a recent decision out of the Missouri Supreme Court illustrates that Missouri law requires insurers to unequivocally state stacking is prohibited. Despite the precedent disfavoring the restriction of UIM coverage, insurance companies continue to aggressively deny their insured’s ability to stack coverages, and the companies continue to argue their policies grant them a set-off. Due to the aggressiveness of insurance companies in litigating UIM coverage, it is important for someone injured in a car accident to have experienced counsel review the relevant policy language to determine 1) is the negligent driver going to be an underinsured motorist, and 2) if so, what amount of UIM coverage is available.
At M. Blake Heath, Trial Attorney LLC, we have the knowledge and experience to successful handle all aspects of a UIM case. If you or someone you know has been injured in a car accident and the negligent driver did not carry adequate coverage to compensate you for your injuries, then please contact The Law Offices of Stephen R. Bough so we can determine if you may have a UIM claim.
Also, if you are an attorney that needs assistance in handling a UIM claim after successfully litigating the claim against the negligent driver, then our firm would be more than happy to discuss an agreeable co-counsel arrangement.