Gary Lowe v. Trinity Universal Insurance Co

MEMORANDUM

Gary Lowe appeals from the district court’s grant of Trinity Universal Insurance Company’s (“Trinity”) motion to dismiss for failure to state a claim.

I

Montana law permits insurers to prohibit the stacking of insurance coverage limits — regardless of the number of vehicles covered — if the premium rates (i) have been filed with the insurance commissioner and (ii) “actuarially reflect the limiting of coverage separately to the vehicles covered by the policy.” Mont.Code Ann. § 33 — 23—203(l)(c).

In Parish v. Morris, 865 Mont. 171 , 278 P.3d 1015 (2012), the Montana Supreme Court upheld an anti-stacking provision nearly identical to the one in Trinity’s policy at issue here. Id. at 1016-17, 1020 . Specifically, the Court found that the anti-stacking provision complied with the actuarial requirement of § 33-23-203(l)(c) because the insureds paid only one premium for underinsured motorist coverage, regardless of the number of vehicles covered by the policy. Id. at 1019.

Here, Trinity’s policy included an anti-stacking provision and charged Lowe one premium for medical coverage, regardless of the number of vehicles covered by the policy. Thus, under Parish, the…