Carr Allison shareholder Faith Nixon of our Mobile (AL) office obtained a summary judgment for her client, an insurance carrier, in a direct-action lawsuit. The Plaintiff asserted claims for breach of contract, negligent misrepresentation, negligent procurement and fraud after he was only allowed to stack three underinsured motorist coverages on a multi-vehicle policy with 5 vehicles. The Plaintiff claimed he was led to believe he would be able to stack all 5 coverages under the policy. Mrs. Nixon filed a motion for summary judgment arguing that the law was clear that a person can only stack three coverages and that delivery of the policy and declarations page to the insured was sufficient to put him on notice of his coverages, thereby negating any claim for breach of contract, negligent misrepresentation, fraud or negligent procurement. The Court agreed with Mrs. Nixon, adopting her proposed order, and granted summary judgment in favor of her client on all claims.
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