2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 516A - UNINSURED, UNDERINSURED, OR HIT=AND=RUN MOTORISTS
516A.2 - CONSTRUCTION -- MINIMUM COVERAGE -- STACKING.

        516A.2  CONSTRUCTION -- MINIMUM COVERAGE --
      STACKING.
         1.  Except with respect to a policy containing both underinsured
      motor vehicle coverage and uninsured or hit-and- run motor vehicle
      coverage, nothing contained in this chapter shall be construed as
      requiring forms of coverage provided pursuant hereto, whether alone
      or in combination with similar coverage afforded under other
      automobile liability or motor vehicle liability policies, to afford
      limits in excess of those that would be afforded had the insured
      thereunder been involved in an accident with a motorist who was
      insured under a policy of liability insurance with the minimum limits
      for bodily injury or death prescribed in subsection 11 of section
      321A.1.  Such forms of coverage may include terms, exclusions,
      limitations, conditions, and offsets which are designed to avoid
      duplication of insurance or other benefits.
         To the extent that Hernandez v. Farmers Insurance Company, 460
      N.W.2d 842 (Iowa 1990), provided for interpolicy stacking of
      uninsured or underinsured coverages in contravention of specific
      contract or policy language, the general assembly declares such
      decision abrogated and declares that the enforcement of the
      antistacking provisions contained in a motor vehicle insurance policy
      does not frustrate the protection given to an insured under section
      516A.1.
         2.  Pursuant to chapter 17A, the commissioner of insurance shall,
      by January 1, 1992, adopt rules to assure the availability, within
      the state, of motor vehicle insurance policies, riders, endorsements,
      or other similar forms of coverage, the terms of which shall provide
      for the stacking of uninsured and underinsured coverages with any
      similar coverage which may be available to an insured.
         3.  It is the intent of the general assembly that when more than
      one motor vehicle insurance policy is purchased by or on behalf of an
      injured insured and which provides uninsured, underinsured, or
      hit-and-run motor vehicle coverage to an insured injured in an
      accident, the injured insured is entitled to recover up to an amount
      equal to the highest single limit for uninsured, underinsured, or
      hit-and-run motor vehicle coverage under any one of the above
      described motor vehicle insurance policies insuring the injured
      person which amount shall be paid by the insurers according to any
      priority of coverage provisions contained in the policies insuring
      the injured person.  

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 516A.2] 

         Section History: Recent Form

         91 Acts, ch 213, §30