Anti-Stacking Language Now Unenforceable In Oregon UM/UIM Claims

Anti-stacking language is included routinely in personal auto policies, but the Supreme Court of Oregon has ruled at least one policy's language is not enforceable. Batten v. State Farm, 368 Ore. 538 (September 17, 2021), concerned four different uninsured/underinsured motorist (UM/UIM) claims. Each insured had multiple policies with State Farm that all contained the anti-stacking language below. 

If Other Uninsured Motor Vehicle Coverage of Any Kind Applies

1. If Uninsured Motor Vehicle Bodily Injury and Property Damage Coverage provided by this policy and Uninsured Motor Vehicle Coverage of any kind provided by one or more other vehicle policies issued to you or any resident relative by the State Farm Companies apply to the same bodily injury or property damage, then:
   1. such Uninsured Motor Vehicle Coverage limits of such policies will not be added together to determine the most that may be paid