The Arizona Supreme Court heard oral arguments in a class action claim brought over whether an insured can “stack” underinsured motorist claims and collect that coverage for both vehicles under the policy under state law.
The plaintiff in this case, Kay Franklin, lost her mother in an auto accident with a tortfeasor who had an insurance policy with a $25,000 per person limit. According to the case summary, Franklin collected $25,000 under the tortfeasor’s policy and made an underinsured motorist claim under her mother’s policy with defendant CSAA General Insurance Co. Franklin’s mother had $50,000 of UIM coverage per person under her CSAA policy.
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