Goodman v. Allstate Insurance

OPINION OF THE COURT

Beatrice S. Burstein, J.

This declaratory judgment action raises an issue of apparent *964first impression in this State. Can an insured combine or "stack” the liability coverage provided in two separate policies issued to the same insured by the same insurer, when the insurer insisted upon two policies rather than one? Based upon the following analysis, the court concludes the insurer must provide the coverage available under each policy.

Plaintiff was allegedly injured while a passenger in a vehicle owned by defendant Britt-Morgillo (the insured). That vehicle was insured by…