Statutory Limitations do not Allow Total Stacling

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RTFP (Read the Full Policy) Benefits Limited to Statutory Limits

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American Family Mutual Insurance Company, S.I. (“American Family”) appealed the entry of summary judgment in favor of Ms. Courtney Jones (“Jones”) on her claim for additional uninsured motorist (“UM”) benefits under two policies insuring two vehicles she was not driving at the time of her accident. In Courtney Jones v. American Family Mutual Insurance Company, S.I., No. WD84018, Court of Appeals of Missouri, Western District, Third Division (August 24, 2021) the insurer asked the Court of Appeals to limit the recovery to that required by state statute.

ZALMA OPINION

RTFP – Read the Full Policy – is required in the interpretation of any insurance policy. The Missouri Court of Appeal did just that and was required to follow statute and precedent to apply the limits as called for by the policies, the UM/UIM statutes and state law to limit the insured to the policy limit on the vehicle she was driving at the time of the accident and the statutory – $25,000 – limit on the other vehicles whose policies she wished to stack onto the primary UM/UIM coverage.

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