§ 516a-2

516A.2 Construction — minimum coverage — stacking. 1. a. Except with respect to a policy containing both underinsured motor vehicle coverage and uninsured or hit-and-run motor vehicle coverage, nothing contained in this chapter shallbe construed as requiring forms of coverage provided pursuant hereto, whether alone or incombination with similar coverage afforded under other automobile liability or motor vehicleliability policies, to afford limits in excess of those that would be afforded had the insuredthereunder been involved in an accident with a motorist who was insured under a policy ofliability insurance with the minimum limits for bodily injury or death prescribed in section321A.1, subsection 11. Such forms of coverage may include terms, exclusions, limitations,conditions, and offsets which are designed to avoid duplication of insurance or other benefits. b. To the extent that Hernandez v. Farmers Insurance Company, 460 N.W.2d 842 (Iowa 1990), provided for interpolicy stacking of uninsured or underinsured coveragesin contravention of specific contract or policy language, the general assembly declaressuch decision abrogated and declares that the enforcement of the

stacking of uninsured or underinsured coveragesin contravention of specific contract or policy language, the general assembly declaressuch decision abrogated and declares that the enforcement of the antistacking provisionscontained in a motor vehicle insurance policy does not frustrate the protection given to aninsured under section 516A.1. 2. Pursuant to chapter 17A, the commissioner of insurance shall, by January 1, 1992, adopt rules to assure the availability, within the state, of motor vehicle insurance policies, riders,endorsements, or other similar forms of coverage, the terms of which shall provide for thestacking of uninsured and underinsured coverages with any similar coverage which may beavailable to an insured. 3. It is the intent of the general assembly that when more than one motor vehicle insurance policy is purchased by or on behalf of an injured insured and which provides uninsured,underinsured, or hit-and-run motor vehicle coverage to an insured injured in an accident, theinjured insured is entitled to recover up to an amount equal to the highest single limit foruninsured, underinsured, or hit-and-run motor vehicle coverage under any one of the abovedescribed

dent, theinjured insured is entitled to recover up to an amount equal to the highest single limit foruninsured, underinsured, or hit-and-run motor vehicle coverage under any one of the abovedescribed motor vehicle insurance policies insuring the injured person which amount shall bepaid by the insurers according to any priority of coverage provisions contained in the policiesinsuring the injured person. [C71, 73, 75, 77, 79, 81, §516A.2]91 Acts, ch 213, §30; 2012 Acts, ch 1023, §157 Sat Dec 23 00:49:59 2023 Iowa Code 2024, Section 516A.2 (21, 0)