Smith v. Allstate Insurance

Barnes, Judge.

Arnel and Robert Smith sued Allstate Insurance Company, James Nathaniel, and Hartford Casualty Insurance Company individually and as next friend of their three children, who were injured when the car in which they were passengers collided with a truck driven by Nathaniel. The truck was insured by Allstate, and the Smiths sought a declaratory judgment seeking to authorize the stacking of two Allstate policies.1 The trial court granted summary judgment to Allstate, holding that Nathaniel had only one insurance policy, and therefore coverage could not be stacked. The Smiths appeal,…