Mackie v. Metropolitan Insurance

OPINION OF THE COURT

Edward J. Amann, Jr., J.

The sole issue raised by the parties is whether or not the *385"stacking” of insurance policies is permitted in the present circumstances. The respondent contends that the tender of payment by the Royal Insurance Company bars further payment under its policy.

In the present case, the petitioner’s decedent was killed in a vehicular accident which occurred in January of 1991. Ms. Laura Mackie, the decedent, had been a passenger in an auto driven by Peter Pacaro. The vehicle was neither registered nor insured.

The Royal Insurance Company had issued a policy…