Kuhn v. Owners Insurance Co.

This case presents question as to whether trial court properly found that defendant’s insurance policy, that covered seven vehicles, provided same $1 million coverage for each vehicle and had anti-stacking clause, provided $7 million in coverage for single accident, where accident involved only one of said vehicles, and where trial court found policy was ambiguous as to whether anti-stacking clause applied. Appellate Court, in reversing trial court, found that instant anti-stacking clause, which explicitly stated that limits for same or similar coverage as to other vehicles could not be added to determine amount of coverage for single accident, cleared up any ambiguity, and thus should be enforced. Also, Appellate Court observed that no insured would have believed that instant $6,311.69 premium for coverage on all seven vehicles represented payment of separate premiums so as to potentially allow for stacking.