What is Insurance Policy Stacking?
We’ve discussed in other chapters that the availability of insurance, and the amount of that insurance is often the most important single factor in assessing the value of a case.
If you can recover from more than one policy, your case has a greater value, or at least a greater possible maximum value.
Stacking is a procedure that would allow, for example, a Baltimore motor vehicle accident victim with an underinsured motorist to recover under each uninsured/underinsured policy he or his family had [i.e. the stacking of coverages].
Great idea, right?
Not in Maryland. Maryland law, and the law of about 30 other states do not allow the stacking of coverages. 1 The premise underlying these “anti-stacking” provisions appears to be that if an injured person has more than one coverage or policy available from which to recover, they will. If the amounts paid out go up, so will premiums. Facially, this logic seems hard to square with the contention that the ultimate profitability of insurance companies is not determined on claims paid vs. premiums collected. If you had an accident in Maryland, but a policy from a different state, I’d urge you to consult promptly with a personal injury attorney to see if this option is available to you. If you had a Maryland policy, but were involved in a accident in another state, I’d suggest you make the same arrangements – to speak to a skilled personal injury attorney. I Attorney Eric T. Kirk offer all injury victims an opportunity to do so free of charge.
