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Our 35 year old client was killed in a motor vehicle collision. The wrongdoer’s insurance company paid its policy limits and underinsurance claims where made under policies of the family’s employers. This Scott/Pontzer claim involved three separate policies, two for $1 Million Dollars and one for $500,000.00. Each of the policies contained a No Stacking provision and, in addition, the policies contained the “broaden coverage” endorsement. The case was mediated and the parties agreed that the damages exceeded the coverage available. The defense argued that the maximum amount of coverage available was $1 Million Dollars pursuant to the No Stacking clauses. Plaintiffs argued that the No Stacking clauses were, essentially, “inter-family” and thus, were invalid pursuant to the Ohio Supreme Court decision in Savoie.
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