The Georgia Court of Appeals has held that three $1 million policies may be “stacked” to provide $3 million in coverage absent specific anti-stacking language in the policies. Ayers v. Association of County Comm’rs (16 June 2015). This case arose out of a police shooting. The deputy sheriff involved in the shooting was working for an inter-county drug task force when the shooting occurred. The Georgia Interlocal Risk Management Agency provided $1 million policies to each of three counties participating in the task force.
The court held the task force was acting to enforce the law on behalf of all three counties, so all three policies were applicable. The court further held that because the policies did not contain specific “anti-stacking” language, all three policy limits were applicable to the claim for damages. The court’s ruling explained that a limit of liability provision is not sufficient to eliminate stacking of coverages. Specific anti-stacking language is required. These policies did not include such wording.