MFA Mutual Insurance Co. v. Home Mutual Insurance Co.

ON MOTION FOR REHEARING

Western Fire Insurance Company raised the issue of stacking of the various uninsured motorist coverages by a general pleading requesting a determination of the extent of liability under the Western policies and by stipulation. The stacking issue was briefed and argued before this court. In the motion for rehearing, Western makes the anomalous argument that the court below is without jurisdiction to determine the issue because the issue is not ripe for a decision. Western argues that any opinion of the court on the stacking question would be purely advisory without a…