LAROY STEARNS vs. METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY.

LIBERTY MUTUAL INSURANCE COMPANY vs. BERNARD MELANSON.

401 Mass. 1013

February 16, 1988

Ralph J. Cafarelli for the plaintiff.

Charles M. Hughes for the defendant.

This is the last of a sextet of cases decided today concerning stacking of underinsured motorist coverage. This case involves two 1985 policies, each providing coverage for two vehicles. The plaintiff insurer, which commenced this action seeking a declaratory judgment, has offered to pay the defendant $20,000, the total of the stated underinsured motorist limit of $10,000 on each policy. The defendant, who was injured in September, 1985, while a passenger in a vehicle owned by a third party, claims that he is entitled to $10,000 with respect to each of the four vehicles in his household. A judge of the Superior Court decided the case on a statement of agreed facts and ruled in favor of the defendant, allowing the coverage to be stacked under each policy. We granted the defendant's application for direct appellate review.

For reasons stated in LeCuyer v. Metropolitan Property & Liab. Ins. Co., ante 709 (1988), and in Moore v. Metropolitan Property & Liab. Ins. Co., ante 1010 (1988), we reverse the judgment. Although the significant language of the 1985 standard policy is slightly different from that of the 1984 policy quoted in the LeCuyer opinion, the differences are inconsequential for the purposes of this case.

Page 1014

A judgment shall be entered declaring that the defendant is entitled only to $10,000 underinsured motorist coverage under each of the applicable policies.

So ordered.