Stacking UM Limits

Question: Can my client stack UM limits on a Texas policy for a car garaged and registered in the state of Oklahoma?

Answer: I think you may be able to stack the coverage, but I don’t think Leritz v. Farmers quite gets you there because of the difference in the policy language in the UM policy.

I think you case sounds a bit like Rhody v. State Farm, 771 F.2d 1416 (10th Cir. 1985), which the Supreme Court approved of in Bohannan v. Allstate Ins. Co., 1991 OK 64, 820 P.2d 787.

The difference between your case and Bohannan is that in Rhody, the car was principally garaged in Texas when the policy was written and the named insured’s son brought the car to Oklahoma to work when the wreck occurred. It sounds like the UM policy in your case has one but not both of the liberalization provisions which were in Leritz’ policy. Yours probably has the one which reads “We will interpret this policy to provide any broader coverage required by those laws, except to the extent that other liability insurance applies” but not the one reading “Subject to the law of the state of occurrence, we will pay no more than these maximums regardless of the number of vehicles insured, insured persons, claims, claimants, policies, or vehicles involved in the occurrence.”

That’s why I don’t think Lertiz will get you there.