Does Maryland Allow UM Stacking? What Sections 19-513 and 19-509.1 Say

By the FigureMyTax Editorial Team · How we calculate

Not for ordinary UM. Maryland bars recovering UM benefits from more than one policy or insurer on a duplicative or supplemental basis, except as the enhanced underinsured statute provides.

The bar

Section 19-513(b) provides that, notwithstanding any other provision of the subtitle, a person may not recover benefits under the coverages in sections 19-504, 19-505, 19-509, 19-509.1 and 19-512 from more than one motor vehicle liability policy or insurer on a duplicative basis, and, except as provided in 19-509.1, may not recover under 19-504, 19-505, 19-509 and 19-512 from more than one policy or insurer on a supplemental basis.

The exception

Section 19-509.1 defines an underinsured motor vehicle as one with liability coverage less than, more than or equal to your UM coverage, sets the coverage equal to your liability coverage, and says the insurer's limit is the amount of coverage without any reduction for the amount paid to you by the liability coverage that exhausts the at-fault driver's policies. It is subject to the settlement notice rule of 19-511.1.

Standard UM for comparison

Section 19-509 treats a vehicle as uninsured when the sum of its liability limits is less than your UM coverage, and sets the insurer's limit as your coverage less the amount paid to you by the liability coverage that exhausts the at-fault driver's policies.

What we could not confirm

We did not read Maryland court decisions on how the supplemental-basis bar applies to several policies, to passengers or to enhanced underinsured coverage on more than one policy. Ask an attorney before assuming that a second policy adds nothing or that it adds coverage.

How to use this

Compare the standard and enhanced results in the Maryland UM/UIM stacking calculator, start with the plain-English stacked versus standard explainer, and read how UM and enhanced coverage differ.

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