Carlino v. Lumbermens Mutual Casualty Co.

OPINION OF THE COURT

Balio, J.

We hold that where an insurer has issued two separate policies to spouses residing in the same household and where both policies apply to the same accident, each automobile liability insurance policy may provide that the insurer’s maximum liability shall be limited to the higher limit of either policy, rather than the cumulative limits of both policies.

FACTS

On December 6, 1983, plaintiffs allegedly sustained injuries in a two-car accident. One of the vehicles involved in that accident was owned by Michael Romeo and was being driven by Wesley Carr. The Romeo…