BarbriSFCourseDetails

Course Details

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

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

  1. Introduction and overview on UI/UIM
  2. Types of stacking
    • Intra-policy stacking
    • Inter-policy stacking
    • Business and personal policies
  3. Policy and statutory conditions
    • Eligibility
    • Exclusions
    • Setoffs
    • Waivers
  4. Strategies for policyholders
  5. 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?