8th Circ. Denies Stacked Coverage For Man Injured By Tree
Law360, New York (January 6, 2016, 3:02 PM EST) -- The Eighth Circuit cemented a win on Wednesday for The Cincinnati Insurance Co. in a dispute over coverage for a man's injury caused by a toppled tree, saying anti-stacking provisions in two policies allowed him to recover $1 million under one policy, not both.
The three-judge panel upheld a Missouri federal court's decision in favor of the insurer, saying there was no ambiguity in the policies held by Thomas Campbell, a contractor who was removing the tree when it struck John Gohagan. Gohagan and his wife had argued that the anti-stacking provisions in Campbell's commercial general liability policy and business owner's...
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