Kramer v. Allstate Ins. Co.

6 Citing cases

  1. Montano v. Allstate Indem. Co.

    135 N.M. 681 (N.M. 2004)   Cited 70 times
    Holding that the "solution to . . . inherent ambiguities in anti-stacking clauses" was to "obtain written rejections of stacking in order to limit [an insurer's] liability based on an anti-stacking provision"

    Allstate changed its former absolute anti-stacking policy as a result of court decisions in Kentucky and Oklahoma. See Kramer v. Allstate Ins. Co., 909 P.2d 128 (Okla.Ct.App. 1994); Wilson v. Allstate Ins. Co., 912 P.2d 345 (Okla. 1996); Swartz v. Metropolitan Prop. Cas. Co., 949 S.W.2d 72 (Ky.Ct.App. 1997). In Wilson, one of the two Oklahoma cases, Allstate issued a single insurance policy covering the plaintiff's two vehicles.

  2. MAX TRUE PLASTERING v. U.S. FID. GUAR

    1996 OK 28 (Okla. 1996)   Cited 169 times   1 Legal Analyses
    Interpreting insurance contract

    We relied heavily on Scott in Withrow v. Pickard, 905 P.2d 800, 804-06 (Okla. 1995) finding that, like the parties in Scott, the contractual expectation of the litigants was to have singular uninsured motorist coverage. On December 12, 1995, we denied certiorari in Kramer v. Allstate Ins., No. 83,822 (Okla.Ct.App. 1995). In Kramer, the Court of Appeals held that because the insurer had charged a higher uninsured motorist premium for coverage of multiple vehicles than it did for a single automobile that it had created the reasonable contractual expectation that the amount of uninsured motorist coverage would be correspondingly greater than the amount of coverage on one car.

  3. Spears v. Glens Falls Ins. Co.

    2005 OK 35 (Okla. 2005)   Cited 3 times
    In Spears v. Glens Falls Ins. Co., 114 P.3d 448 (Okla. 2005), the court considered whether pre-policy notification that stacking of UM/UIM insurance was prohibited by the policy was required.

    ]; Lake v. Wright, 1982 OK 98, ¶ 17, 657 P.2d 643 [Insured allowed to stack where multiple premiums were paid for UM/UIM coverage.]; Richardson v. Allstate Ins. Co., 1980 OK 157, ¶ 13, 619 P.2d 594 [Multiple coverage allowed where multiple premiums paid.]; Keel v. MFA Ins. Co., 1976 OK 86, ¶ 12, 553 P.2d 153 [Additional coverage allowed when increased premiums paid.]; Dodd v. Allstate Ins. Co., 2004 OK CIV APP 82, ¶ 13, 99 P.3d 1219 [Two recoveries allowed where two premiums paid although policy covered additional vehicles.]; Kramer v. Allstate Ins. Co., 1994 OK CIV APP 146, ¶ 5, 909 P.2d 128 [Stacking allowed where insured paid double rate for multi-car coverage.]; Coker v. Allstate Ins. Co., 1994 OK CIV APP 62, ¶ 8, 877 P.2d 1175 [Limitation to one recovery not against public policy when only one premium is charged.

  4. Wilson v. Allstate Ins. Co.

    1996 OK 22 (Okla. 1996)   Cited 6 times
    Holding in single-premium, multi-vehicle policy case that "Oklahoma law does not require insurers to offer stackable [uninsured motorist] coverage with multiple-vehicle policies"

    We believe that the reasonable expectations of the contracting parties in the present case, as reflected by the increased multi-car premium Wilson paid for UM-coverage, was to have increased UM protection. Also instructive is Kramer v. Allstate Ins. Co., 909 P.2d 128 (Okla.Ct.App. 1994), a case which Allstate concedes involved the identical stacking issue under the same auto policy at issue here. The only difference between Kramer and this case is that the appellant in Kramer had three, rather than two, vehicles insured under his policy.

  5. Montano v. Allstate Indem. Co.

    133 N.M. 696 (N.M. Ct. App. 2003)   Cited 5 times

    ecause case law in other jurisdictions had found that, given Allstate's premium structure, the insurer must stack two, but no more than two, policy limits, because two, but no more than two, premiums are being charged." See Estate of Swartz v. Metro. Prop. Cas. Co., 949 S.W.2d 72, 76-78 (Ky.Ct.App. 1997) (requiring stacking of limits of two, but not more than two, vehicles under a policy ostensibly charging a single premium but in fact charging $6 for a single-vehicle policy and $10 for a multi-vehicle policy, and therefore charging two separate premiums "under the guise of one lump sum"); Wilson v. Allstate Ins. Co., 912 P.2d 345, 348 (Okla. 1996) (requiring stacking of limits of two vehicles where, under two-tiered premium structure, the multi-vehicle premium was almost twice the one-vehicle premium, and stating that in such a circumstance the inclusion of more than two vehicles in a policy "would have no effect upon the number of [uninsured motorist] benefit amounts recoverable"); Kramer v. Allstate Ins. Co., 909 P.2d 128, 129 (Okla.Ct.App. 1994) (mem.) (requiring stacking of limits of two insured vehicles, but not the third, where by "charging nearly twice as much for [uninsured motorist] coverage on multiple-vehicle policies as it did for single-vehicle policies, Allstate created the reasonable contractual expectation that the amount of [uninsured motorist] coverage on a multiple-vehicle policy would be correspondingly greater than the amount of coverage on a single-vehicle policy"; and holding that as to the third vehicle, "no additional premium was charged or paid").

  6. Estate of Swartz v. Metropolitan Property & Casualty Co.

    949 S.W.2d 72 (Ky. Ct. App. 1997)   Cited 33 times
    Finding that coverage was stackable despite the fact that the insurance company called its premium "per-policy" because the premium was, in reality, different depending on the number of vehicles insured

    The decisions of courts in other jurisdictions on similar single-premium issues offer some guidance in resolving this question. For example, in Kramer v. Allstate Insurance Company, 909 P.2d 128, 129 (Okla.Ct.App. 1994), the Oklahoma Court of Appeals resolved an almost identical issue on the following basis: [a]s to the first two vehicles covered, this is not a `single premium' case, because Kramer paid a higher premium for the same amount of coverage than he would have paid had he insured only a single vehicle on his policy.