Phen v. Progressive Northern Insurance Co.

[¶ 28.] I agree that Westphal controls this appeal, and Westphal invalidates Progressive’s policy clauses that prohibit the stacking of coverage. I concur in result only because I part company with the Court’s conclusion that our decisions since Westphal continue to reflect a public policy against “anti-stacking” exclusions in uninsured motorist insurance policies. In my view, Progressive correctly points out that this Court’s more recent decisions reflect a public policy permitting such exclusions as long as the statutorily required minimum uninsured motorist coverage is provided.…