May an injured passenger in a single car wreck stack UM coverage under policy on mother of tortfeasor driver, who lives in the mother’s home. The passenger is not a relative or household member of the mother.

Answer: No. Persons insured only by reason of occupying an insured vehicle (called Class 2 insureds) may not stack UM coverage. This is true whether the owner's vehicles are insured under separate policies (Babcock v. Adkins, 1984 OK 84, 695 P.2d 1340) or the vehicle being occupied is one of several vehicles insured under a single policy (Rogers v. Goad, 1987 OK 59, 739 P.2d 519, Stanton v. American Mutual 1987 OK 118, 747 P.2d 945).
Under these cases, your client as a passenger in one insured car will not be an insured under the coverage of the non-involved car.

Husband and wife are insured on two different policies, one policy on a truck and the other on a car. They were charged premium on both policies for med pay and one was injured while riding in the car. Can we recover med pay on both policies?

Answer: There will likely be an anti-stacking provision. That is a valid exclusion to medpay. See: Frank v. Allstate, 1986 OK 42, 727 P.2d 577.

Does Kansas UM stack?

Answer: No. Kansas has an anti-stacking statute. KSA Sec. 40-284(d): “(d) Coverage under the policy shall be limited to the extent that the total limits available cannot exceed the highest limits of any single applicable policy, regardless of the number of policies involved, persons covered, claims made, vehicles or premiums shown on the policy or premiums paid or vehicles involved in an accident.”

Plaster v. State Farm, 1989 OK 167, holds that a rejection of UM coverage by less than all named insureds is not a complete rejection. Client is a member of the household of two named insureds with two policies. If both named insureds did not reject the UM, can the UM of both policies be stacked?

Answer: No. In response to Plaster, the next legislature (in1990) amended subsection G of Section 3636 to change “The named insured may reject” to “A named insured may reject.”