Michigan Court of Appeals; Docket No. 110227; Unpublished
Judges Michael J. Kelly, Sullivan, and Allen; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Liability Exclusions Prohibiting Stacking of Coverages [§3131]
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals upheld the trial court's decision that an insurance policy providing bodily injury coverage in the amount of $100,000 per person and $100,000 per accident could not be "stacked" to result in $300,000 of coverage where the policy provided insurance for three vehicles.
Plaintiff’s decedent died as a result of a car accident in which one of three cars owned by the defendant, but driven by his daughter, struck the car in which the decedent was riding. Defendant's three cars were insured under one insurance policy issued by plaintiff Worldwide. The declaration page described the three cars, showing the separate premiums for each car, and stating that the bodily injury coverage limit was $100,000 per person/$100,000 per accident.
In holding that the "limits of liability" clause and separability clause precluded stacking of coverage, the Court of Appeals held that the language of the clause was not ambiguous and did not permit multiple coverage. The separability clause simply assured the applicability of the policy to whichever of the insured cars was involved in an accident. In addition, the limits of liability clause is clear and unambiguous. Therefore, the limit of liability with respect to the damages was $100,000.
