Tue, Mar 12, 2013
Mandel wins summary judgment in underinsured stacking case
Aaron Mandel won a summary judgment motion in the Circuit Court of the City of St Louis in a case involving stacking of underinsured motorist coverage available under a fleet policy. In the case, the automobile insurance carrier provided underinsured motor vehicle coverage on more than twenty vehicle owned by the plaintiff’s employer. The plaintiff sought to stack all of the policies and also argued that the carrier was not entitled to a set off for amounts received for workers compensation. A successful argument was presented that the employee was a mere occupancy insured, not entitled to stack underinsured motorist coverage and that stacking of fleet policies was not permitted. The Court also permitted a set off for amounts the plaintiff received as worker compensation but which did not have to be reimbursed to the workers compensation carrier.