Maxon v. Farmers Ins. Co., Inc.

LOWENSTEIN, Judge.

The Maxons, policy holders, brought this declaratory action against their insurer, Farmers Insurance Company, to stack their two policies where their damages exceeded the insurance provided by a tortfeasor. Summary judgment was granted in favor of the Maxons.

Jewell Maxon was a passenger in a truck driven by her husband. A negligent driver collided with their truck inflicting extensive injuries to Jewell which caused her four surgeries with at least one future operation contemplated. The tortfeasor had insurance in the amount of $100,000, the policy limits of which were…