Cherry v. Elephant Insurance Company

Plaintiffs (driver and passenger) were injured when driver's vehicle was struck by underinsured (UIM)driver. Plaintiffs filed declaratory judgment action, asking court to find that policy provides $300,000 in UIM motorist coverage to both Plaintiffs, as policy allowed aggregation of liability limits of UIM coverage on 4 vehicles. Listing multiple limits on declarations page creates an ambiguity that is not cured by antistacking clause, which prohibits combining of coverages, as opposed to prohibiting the combining of the limits of liability. (CATES and MOORE, concurring.)