Court denies auto liability stacking despite vehicle listing

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted March 10, 2020 9:11 AM

The Illinois Supreme Court, reversing two lower court decisions, recently held that the listing of bodily injury liability limits multiple times on the declarations pages of an automobile insurance policy covering several vehicles, did not permit the stacking of the limits, given an anti-stacking provision in the policy.The case is Hess v. Estate of Estate of Klamm, 2020 IL 124649 (Jan. 24). The claimants, administrators of two decedents and the guardian of a third person, were represented by Winters, Brewster, Crosby & …

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