Stacked vs. Single-Limit UM/SUM Coverage in New York

By the FigureMyTax Editorial Team · How we calculate

Stacking adds the uninsured and underinsured limits of several vehicles or policies together. New York's statute does not mention it, and court decisions we read enforced a policy clause that limits recovery under more than one policy to the highest limit for any one vehicle under any one policy.

What stacking means

A household may have more than one vehicle or policy with UM or supplementary underinsured (SUM) coverage. Stacking adds those limits after one injury, so $100,000 and $50,000 become $150,000. Single-limit coverage pays only the one limit that applies.

What the statute says

Insurance Law 3420(f) requires UM, makes SUM optional and sets the maximum amounts, and says nothing about adding limits across vehicles or policies.

What the courts say

In Matter of Met Life v. Leonorovitz a court enforced a policy provision that, if an insured is entitled to UM or SUM under more than one policy, the maximum recovery is the highest limit for any one vehicle under any one policy. We read this decision, not every case, so ask an attorney how a clause in your policy applies.

A worked example

Suppose you are insured under policies with $100,000 and $50,000 of SUM, the at-fault driver carries $25,000 and paid it, and your damages are $250,000. With an enforced anti-stacking clause, SUM pays up to $75,000, the $100,000 limit less the $25,000 paid. If limits could be added, it could pay up to $125,000. Try your own numbers in the New York UM/SUM stacking calculator.

What to check

Look in your policy for the clause on more than one policy and for your SUM limits. See what the statute says and leaves to your policy and how UM and SUM work in New York.

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