Limitation on UM/UIM Insurance Coverage Stacking in Illinois

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“Stacking” is a practice that permits a party injured in a car accident, after recovering any available insurance policy proceeds from the party responsible for the accident (which failed to fully compensate him for his damages), to seek recovery from his insurer based on the cumulative uninsured/underinsured coverage limits in his multi-vehicle insurance policy.

Illinois courts have found that stacking can be appropriate when an insurance policy is ambiguous concerning the uninsured/underinsured coverage that it provides. This ambiguity normally occurs when the policy’s declarations page lists such coverage for several vehicles, each with separately listed uninsured/underinsured coverage limits and premiums.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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