Does Delaware Allow UM/UIM Stacking? What Section 3902(c) Says

By the FigureMyTax Editorial Team · How we calculate

Delaware's statute says that insuring more than one person or vehicle does not raise the insurer's limits, and it caps same-household vehicles with one insurer at the highest single limit. It is silent about unrelated insurers.

The statutory text

Section 3902(c) provides that the affording of insurance under the section to more than 1 person or to more than 1 vehicle shall not operate to increase the limits of the insurer's liability. When 2 or more vehicles owned or leased by persons residing in the same household are insured by the same insurer or affiliated insurers, the limits of liability apply separately to each vehicle as stated in the declaration sheet, but shall not exceed the highest limit of liability applicable to any 1 vehicle.

What it does

The rule reaches two situations: several people covered under one policy, and several vehicles in one household insured by the same insurer or its affiliates. In both, the insurer's exposure for one accident is not multiplied. A vehicle with a $50,000 limit and one with $100,000 produce a $100,000 ceiling, not $150,000.

What it leaves open

The text does not address policies from unrelated insurers, so whether you can recover under both depends on each policy's terms, particularly its "other insurance" clause, and on Delaware decisions that we did not read. A secondary compilation of Delaware subrogation law, Matthiesen, Wickert & Lehrer, is a place to start but is not a substitute for the cases.

Related UM/UIM rules

UM coverage is required unless rejected in writing on the insurer's form, at no less than the minimum financial responsibility limits. Underinsured coverage comes with the optional additional coverage, and the insurer pays only after the at-fault driver's limits are exhausted (3902(a) and (b)). See how UM and UIM work together.

How to use this

Compare the single-limit result with a stacked result in the Delaware UM/UIM stacking calculator, and start with the plain-English stacked versus unstacked explainer if the terms are new.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Delaware's rules apply to your specific case with a licensed Delaware attorney.