Stacking Coverage Under UM and UIM Policies: Identifying All Coverages, Preventing Misapplication of Stacking Rules

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Insurance
- event Date
Tuesday, September 6, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will demonstrate the manner and method of stacking uninsured and underinsured motorist (UI/UIM) coverage. The panel will offer an overview of how UI/UIM works, eligibility, intra- and inter-policy stacking, limits on stacking from exclusions and waivers, and more. The program will help counsel identify available and overlooked sources of recovery and discuss strategies for preventing misapplication of stacking rules.
Faculty

Mr. Stanton provides valuable knowledge and guidance to individuals injured by the negligence and carelessness of others. As an experienced personal injury litigator, he is adept at handling all aspects of a personal injury claim. From the initial investigation of the incident through trial, Mr. Stanton’s hands-on approach is aimed at delivering real results for our clients.

Ms. Tighe concentrates her practice on insurance coverage and bad faith, focusing on first-party property claims, uninsured/underinsured motorist claims and third-party liability claims, including appellate matters. Although the majority of her nearly 25 years of legal experience involved the defense of insurance related claims, she has previously represented insureds and claimants in insurance disputes. The experience derived from litigating both sides of insurance disputes has provided Ms. Tighe with a unique perspective and skills which she applies to the defense of claims. She lectures frequently on insurance related topics, including presenting at the Pennsylvania Bar Institute’s Motor Vehicle Update and The Annual Civil Litigation Update. Ms. Tighe has authored numerous amicus briefs in Pennsylvania State and Federal Courts on issues involving insurance coverage, bad faith, uninsured/underinsured motorist claims and third-party liability claims. She is licensed to practice in Pennsylvania and admitted to practice before the United States District Courts for the Middle and Eastern Districts of Pennsylvania and the United States Court of Appeals for the Third Circuit.

Mr. Gauvreau’s practice primarily involves the representation of insurers in complex coverage disputes and litigation across various lines. He also provides coverage advice to clients. Mr. Gauvreau has experience in litigation matters across federal and state courts, from the pre-suit stage up to mediation or trial. Mr. Gauvreau understands that no two cases are alike and does all he can to identify a client’s business objectives in order to secure the best possible outcome. He is a member of the firm’s Insurance + Reinsurance Group.
Description
Stacking is the cumulation of coverages for multiple vehicles or policies to increase the benefits available for recovery. How and when it may be done befuddles counsel and courts alike.
Coverage is usually stacked vertically or horizontally. The ability to stack personal policies with business policies is limited. Each policy may have its own eligibility requirements and the policy may limit stacking. Exclusions, statutory limitations, and setoff rights may affect the extent to which stacking will be effective. Some states even permit policyholders to waive stacking.
When stacking is incorrectly opposed by the insurer, the injured party may claim the insurer has failed to adequately investigate or has acted unreasonably or improperly and assert a claim for bad faith denial of benefits. Failure by plaintiffs to fully identify all sources of coverage could leave the injured party uncompensated.
Listen as this experienced panel guides counsel through the perplexing issues related to stacking UI/UIM policies, focusing on key jurisdictions and current trends.
Outline
- Introduction and overview on UI/UIM
- Types of stacking
- Intra-policy stacking
- Inter-policy stacking
- Business and personal policies
- Policy and statutory conditions
- Eligibility
- Exclusions
- Setoffs
- Waivers
- Strategies for policyholders
- Strategies for insurers
Benefits
The panel will review these and other pivotal issues:
- What causes the most confusion when stacking policies?
- Who is allowed to stack insurance policies and what policies can be stacked?
- What setoffs apply to benefits? Can setoffs lower coverage below statutory minimums?
- Is there a "right to be wrong" when stacking UI/UIM policies?
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