Abramson v. Aetna Casualty & Surety Co.

LAY, Circuit Judge:

Maxwell Abramson, a resident of New Jersey, received fatal injuries while bicycling in Hawaii when he was hit by a car driven by an underinsured motorist. Abramson’s estate, wife, and children (“the Abramsons”) sought underinsured motorist benefits from Aetna Casualty and Surety Company (“Aet-na”) for each of the two automobiles insured under Abramson’s policy with Aetna. The policy provided for underinsured motorist benefits up to $250,000 for each person injured. The policy also contained a prohibition against stacking. Stacking allows an insured to recover benefits up to…