The Oklahoma Supreme Court reversed and remanded a case in which the trial court granted summary judgment in favor of an insurer regarding an insured’s ability to stack UM coverage.

The Supreme Court held that a Kansas insured was not bound by Kansas’ prohibition on stacking of UM limits but that Oklahoma law applied under the terms of the policy because the accident occurred in Oklahoma. Oklahoma law allows stacking at the time of the accident giving rise to the claim and the policy provided “[s]ubject to the law of the state of occurrence, we will pay no more than these maximums regardless of the number of vehicles insured, insured persons, claims, claimants, policies, or vehicles involved in the occurrence.” The Supreme Court found that the lower courts improperly engaged in a choice of law analysis, and held that the policy limits stacking only if the law of the state of where the occurrence took place limits stacking. Leritz v. Farmers Insurance Company, Inc., 2016 WL 35886902 (Okla. June 28, 2016).