Bowers v. General Casualty Insurance Co.

Plaintiffs filed declaratory judgment action seeking judgment that their underinsured (UIM) motorist coverage for three vehicles was not limited to one vehicle. Court properly granted summary judgment for Plaintiffs, finding that $250,000 UIM limit for each vehicle could be aggregated, or stacked, ot arriave at maximum coverage limit of $750,000. Policy contains contradictory provisions, and thus must be construed against insurer. By listing each vehicle separately in vehicle coverages section, ambiguity arises in policy as an insured may reasonably presume separate UIM limits apply to each covered vehicle and that limits could be stacked because separate UIM premiums were paid for each vehicle. (CARTER, concurring; WRIGHT, specially concurring.)