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

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, September 6, 2022

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

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.

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.

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Outline

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

Faculty

Gauvreau, Raymond
Raymond M. Gauvreau

Attorney
Robinson & Cole

Mr. Gauvreau’s practice primarily involves the representation of insurers in complex coverage disputes and...  |  Read More

Stanton, Jeffrey
Jeffrey K. Stanton

Partner
Haggerty Goldberg Schleifer & Kupersmith

Mr. Stanton provides valuable knowledge and guidance to individuals injured by the negligence and carelessness of...  |  Read More

Tighe, Suzanne
Suzanne Tighe

Of Counsel
Bennett Bricklin & Saltzburg

Ms. Tighe concentrates her practice on insurance coverage and bad faith, focusing on first-party property claims,...  |  Read More

Attend on September 6

Cannot Attend September 6?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

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