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Posts by Mike Hamlin

Uninsured Motorist Offsets: When is the Insurer Entitled to a Setoff?

A setoff provision in a policy of automobile insurance seeks to reduce coverage by amounts recovered by the insured from other insurance.  In the context of uninsured motorist (UM) and underinsured motorist (UIM) coverage, a setoff provision most often seeks to reduce any amount payable under such coverages by all sums paid by or on behalf of the legally responsible tortfeasor.  Setoff language is commonly found in the “Limit of Liability” section of the particular coverage. Read more

Stacking of Commercial and Personal Policies in Missouri and Illinois

The stacking of policies refers to the practice of combining insurance coverage limits to account for more than one vehicle insured under a multi-car policy, or under separate policies of insurance.  Stacking has been the subject of many appellate decisions in recent years, particularly in the context of underinsured motorist coverage.  Although the great majority of policies contain language that seeks to preclude the stacking of coverage (appropriately termed “anti-stacking” provisions), such language is not uncommonly deemed ambiguous by courts and rendered unenforceable so to permit stacking of certain coverages. Read more