An appellate court ruled that an ambiguously-worded declarations page means an insured may stack coverage despite a written waiver. The case is Garcia v. Allstate Fire & Cas. Ins. Co., 541 P.3d 162 (N.M. Ct. App. 2023). 

The Policy 

Linda Garcia purchased a personal auto policy from Allstate in spring 2016 to cover a single vehicle and put a second vehicle on the same policy later in the year. When she added the second vehicle, she was required to choose between stacked and non-stacked UM/UIM coverage for both vehicles. The form explicitly advised Garcia that the difference between stacked and non-stacked coverage was whether or not she could combine the coverage limits for the vehicles due to a single occurrence. Garcia elected not to stack her UM/UIM benefits.