This case concerns third-party motor vehicle liability insurance and whether it can be “stacked” under Montana law. Kenneth Cross, Henley Brady, and Roland Redfield (collectively “Appellants”) sustained injuries in a motor vehicle collision. The at-fault driver, Taylor Warren, was insured under a liability policy issued by Progressive. The policy covering the truck Taylor was driving at the time of the accident was covered under one of four liability policies the Warren family purchased to cover their four vehicles individually. The Appellants argue that each of the Warrens’ four Progressive policies should be “stacked” to allow recovery beyond the “per person” limit provided the individual Progressive policy. Taylor Warren, his parents, and Progressive (collectively “Appellees”) respond that Montana law prevents stacking multiple third-party liability policies, and in the alternative, even if stacking of the coverage is allowed, Progressive satisfied the statutory requirements necessary to prevent Appellants from doing so.
Elliott McGill, Oral Argument Preview, Cross v. Warren: Can Injured Third-Parties Stack Liability Insurance?, 79 Mont. L. Rev. Online 48, https://scholarship.law.umt.edu/mlr_online/vol79/iss1/8.