PLGeorgiahard
A Georgia insured owns three vehicles on a single personal auto policy, each scheduled with 50/100 add-on UM. She is injured by an uninsured motorist while a passenger in a friend's car. The maximum stacked UM per-person benefit available under O.C.G.A. § 33-7-11 is:
$50,000 — UM on a single policy does not stack
B$150,000 — three vehicles × $50,000 per-person limit, stacked
C$100,000 — limited to the per-accident limit on one vehicle
D$0 — UM does not respond when the insured is in a non-owned vehicle
Why this is the answer
Georgia courts have held that there can be no stacking of uninsured motorist coverage within a single policy covering two or more automobiles (Hartford Cas. Ins. Co. v. O'Callaghan; Georgia Farm Bureau Mut. Ins. Co. v. Owens), so three vehicles on one policy give her one $50,000 per-person UM limit. Being a passenger in a friend's car does not defeat the coverage: under O.C.G.A. § 33-7-11 the named insured is an insured 'while in a motor vehicle or otherwise'. Stacking is available only across separate policies under which she is an insured.
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