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Legal Definitions - judicial stacking

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Definition of judicial stacking

Definition: Judicial stacking is the principle that allows a court to interpret insurance policies to permit stacking, under certain circumstances, when the policies do not specifically provide for stacking but public policy is best served by permitting it. It is also a gerrymandering technique in which a large political or racial group is combined in the same district with a larger opposition group.

  • Insurance: If a person has two insurance policies that cover the same claim, they may be able to use both policies to obtain benefits. This is known as judicial stacking.
  • Gerrymandering: In a political election, a group of voters who share a common interest or identity may be combined with a larger group of voters who do not share that interest or identity. This is done to dilute the voting power of the smaller group and give an advantage to the larger group.

These examples illustrate how judicial stacking can be used in different contexts. In the case of insurance, it allows individuals to obtain the benefits they need when one policy alone would be inadequate. In the case of gerrymandering, it can be used to manipulate the outcome of an election by combining certain groups of voters in a particular way.

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Simple Definition

Judicial stacking is a principle where a court can interpret insurance policies to allow for combining benefits from multiple policies when one policy alone is not enough. This is done to serve the public interest, even if the policies do not explicitly allow for it. It can also refer to a political tactic where a large group is combined with a larger opposition group in the same district to gain an advantage.

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