Geneser v. State Farm Mutual Automobile Insurance Co.

LOWENSTEIN, Judge.

The single issue in this case is will the courts override policy language and declare public policy to allow the “stacking” of. multiple insurance policies which contain optional underinsured motorist coverage clauses which contain “other insurance” provisions. Basically, a motorist can purchase underinsurance coverage from his insurance company to pay for losses incurred because another negligent driver’s insurance is insufficient to cover this or her actual loss. The trial court dismissed Gen-eser’s petition for declaratory judgment, and disallowed stacking.

Harry Geneser…