Michigan Court of Appeals; Docket No. 108259; Unpublished
Judges Gillis, Sullivan, and Griffin; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Liability Exclusions Prohibiting Stacking of Coverages [§3131]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals affirmed summary disposition for defendant in a case in which plaintiff sought to "stack" the liability coverage for three automobiles insured under a single multi-vehicle insurance policy issued by defendant Auto Owners.
Plaintiff’s decedent was fatally injured when the automobile in which he was a passenger was struck by an automobile driven by Paul Hall, but owned by Lina Hall. Hall's automobile-was insured under a single multi-vehicle insurance policy, as were two other automobiles owned by Hall. The policy limits for each automobile were $20,000 for any single claim and $40,000 for multiple claims growing out of a single occurrence. Plaintiffs contended that they should be permitted to stack the available coverages in order to recover $60,000, instead of $20,000.
In affirming the trial court's grant of summary disposition in favor of defendant, the Court of Appeals referred to language in the insurance policy which it believed to be unambiguous in its prohibition against "stacking." The language of the policy limited the defendant's liability "regardless of the number of automobiles to which this policy applies."
In finding the language unambiguous, the court noted that stacking coverage was prohibited in other cases with similar circumstances. When the insurance policy clearly indicates that the inclusion of more than one vehicle does not affect the limits of liability, the language does not create an ambiguity. Therefore, the trial court decision in favor of defendant was affirmed.
