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Summary Judgment Granted to UM Carrier for Anti-Stacking Policy Provision

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March 2016

Summary judgment was granted on behalf of a UM carrier. The policy was written in the State of Washington, which precluded stacking. Plaintiff argued that since she had lived in Mississippi for several years, the carrier should have issued her a Mississippi policy, and the anti-stacking clause found in the policy would have been against public policy. However, the Circuit Court ruled the contract spoke for itself, and the Plaintiff could not stack.  Since the carrier had already tendered the extent of its coverage to the Plaintiff the case was dismissed.