District Court, Western District
Insurance – UIM - Stacking
Howe v The Cincinnati Insurance Company, 2011 WL 5301592 (W.D.Ky November 1, 2011)

The District Court granted a motion to dismiss to an automobile insurer on an insured’s claim that he was entitled to stack his underinsured motorist coverage limits.  Because the policy was adopted and incorporated into the Complaint, the Court was able to consider the motion without resort to matters outside the Complaint.  While the policy did insure three vehicles, it charged only one premium for that coverage.  The policy also contained a provision limiting coverage to stated limits regardless of the vehicles shown on the policy.

The plaintiff requested time to conduct discovery to determine if the single premium was merely illusory.  However, the policy history refuted such a claim.  Vehicles had been added and dropped in the policy history, but the premium for UIM coverage had not changed.  The Court deemed this conclusive on the legitimacy of the single premium.