Hartford Accident and Indemnity Co. v. Turner
Hartford Accident and Indemnity Co. v. Turner
Opinion of the Court
The Court of Civil Appeals has held that the stated policy limits of the uninsured motorist coverage provided by a single mul-ti-car policy are to be “stacked” or “pyramided” where necessary to pay damages
070rehearing
ON MOTION FOR REHEARING
Shortly after deciding Westchester Fire Ins. Co. v. Tucker, Tex.Sup., 512 S.W. 2d 679, we reversed the judgment of the Court of Civil Appeals in the present case and remanded the cause to the trial court for entry of judgment in favor of plaintiff Turner for $10,000.00. Our original opinion in Tucker noted that the declarations in the policies there under consideration stated only one limit of liability for each person and only one limit for each amount. In his motion for rehearing here, plaintiff Turner calls our attention to the fact that the declarations in his policy show separate limits of liability for each of the four scheduled vehicles. This does not, however, give rise to any ambiguity or uncertainty as to the upper limit of the insurer’s liability for injuries sustained by one person as the result of any one accident. When all the policy provisions are considered, it is our opinion that the question of “stacking” or “pyramiding’ does not turn on whether the limits of liability are stated only once or separately for each scheduled vehicle. The reference to the single statement of policy limits has been deleted from our original opinion in Tucker.
The motion for rehearing is overruled. No further motion for rehearing will be entertained.
Reference
- Full Case Name
- HARTFORD ACCIDENT AND INDEMNITY COMPANY, Petitioner, v. Robert A. TURNER, Respondent
- Cited By
- 5 cases
- Status
- Published