Acceptance Insurance Co. v. United States Fire Insurance Co.

471 N.W.2d 791, 1991 Iowa Sup. LEXIS 221, 1991 WL 108247
CourtSupreme Court of Iowa
DecidedJune 19, 1991
DocketNo. 90-560
StatusPublished

This text of 471 N.W.2d 791 (Acceptance Insurance Co. v. United States Fire Insurance Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Acceptance Insurance Co. v. United States Fire Insurance Co., 471 N.W.2d 791, 1991 Iowa Sup. LEXIS 221, 1991 WL 108247 (iowa 1991).

Opinion

McGIVERIN, Chief Justice.

This case presents the question of whether a primary insurance carrier or an umbrella insurance carrier is liable for court costs and post-judgment interest which accrued on a judgment entered against a mutual insured. The district court determined that the primary insurance carrier was liable for both amounts. We agree and affirm.

I. Background facts and proceedings. Cherie Burkis sued Contemporary Industries Midwest, Inc. (Contemporary) for injuries she received in an accident with an intoxicated driver. Burkis alleged that Contemporary was liable to her, under Iowa’s Dram Shop Act, because Contemporary sold the intoxicatéd driver alcoholic beverages. See Iowa Code § 123.92 (1985).

Two insurance policies provided Contemporary coverage for dram shop liability at the time of Burkis’ suit. Acceptance Insurance Company (Acceptance) issued a policy providing primary insurance coverage with a policy limit of $300,000. United States Fire Insurance Company (U.S. Fire) was the umbrella insurance carrier providing coverage for liability in excess of $300,000 and up to $10,000,000.

Burkis prevailed in her lawsuit and judgment was entered against Contemporary in the amount of $1,375,000. Contemporary appealed and our court of appeals affirmed the district court judgment. See Burkis v. Contemporary Indus. Midwest, Inc., 435 N.W.2d 397 (Iowa App.1988). Contemporary applied for further review of that decision, which we denied.

Acceptance and U.S. Fire then satisfied the judgment against Contemporary. Acceptance paid $300,000 and U.S. Fire paid the balance of the principal of the judgment. The insurance companies, however, could not agree on which of them was liable for court costs and post-judgment interest. In an effort to resolve their dispute, Acceptance and U.S. Fire entered into an agreement whereby Acceptance agreed to pay the amounts due Burkis for post-judgment interest and court costs. The agreement, however, reserved Acceptance’s right to sue U.S. Fire to recover those amounts.

Acceptance then filed the present declaratory judgment action seeking to establish that U.S. Fire was obligated to pay all, or in the alternative a pro-rata share, of the post-judgment interest and court costs. U.S. Fire counterclaimed, seeking a declaratory judgment that Acceptance was liable for the post-judgment interest and court costs.

Thereafter, U.S. Fire filed a motion, which the district court treated as a motion for summary judgment. The court granted U.S. Fire’s motion, ruling that Acceptance was liable to pay the post-judgment interest and court costs.

We now must decide whether the district court erred in granting U.S. Fire’s summary judgment motion.

Summary judgment is appropriate if there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. Iowa R.Civ.P. 237(c). Under that standard, if the conflict in the record concerns only the legal consequences flowing from undisputed facts, entry of summary judgment is proper. Farm Bureau Mut. Ins. Co. v. Milne, 424 N.W.2d 422, 423 (Iowa 1988).

II. The policies’ provisions. Acceptance provided Contemporary primary insurance coverage against dram shop actions at the time of the Burkis suit. The policy, issued by Acceptance, provided that if insurance coverage was afforded by it, Acceptance shall pay:

all costs taxed against the insured in any such suit, ... [and] all interest accruing after entry of judgment until [Acceptance] had paid, tendered, or deposited in court such part of such judgment as does not exceed the limit of [Acceptance’s] liability....

[793]*793The policy further provided that Acceptance’s liability for post-judgment interest and costs was in addition to the applicable limit of liability provided by the policy.

U.S. Fire provided umbrella insurance coverage to Contemporary. That umbrella policy included a provision whereby:

With respect to any occurrence covered by the terms and conditions of this policy, but not covered ... by any other underlying insurance collectible by the insured, [U.S. Fire] shall:
(c) pay ... all costs taxed against the insured in any such suit and all interest accruing after entry of judgment until the company has paid or tendered or deposited in court such part of such judgment as does not exceed the limit of the company’s liability thereon.

(Emphasis added.)

Clear and unambiguous language of insurance policies must be given its plain meaning. See Bjork v. Dairyland Ins. Co., 174 N.W.2d 379, 383 (Iowa 1970); Iowa R.App.P. 14(f)(14) (in construction of written contracts, except in the case of ambiguity, what the contract says controls). The policy issued by Acceptance, without ambiguity, as applicable here, establishes that Acceptance contracted to pay all court costs and post-judgment interest connected with Burkis’ suit against Contemporary. U.S. Fire’s policy is also unambiguous and establishes that it agreed to pay court costs and post-judgment interest only when those expenses are covered under its policy and not covered by any other underlying insurance collectible by the insured. In agreement with the district court, we believe that, based on the plain language of the policies, Acceptance, the primary insurer, is liable to pay the post-judgment interest and court costs resulting from Burkis’ lawsuit against Contemporary.

We note that our conclusion is in accord with other jurisdictions that have considered this same issue. See Providence Washington Ins. Co. v. Fireman’s Fund Ins. Co., 778 P.2d 200 (Alaska 1989); Insurance Co. v. Puritan Ins. Co., 532 So.2d 35 (Fla.Dist.Ct.App.1988); Hartford Accident & Indem. Co. v. Aetna Ins. Co., 132 Ill.2d 79, 138 Ill.Dec. 145, 547 N.E.2d 114 (1989). In addition, our case law generally supports the result reached in the present case. See Grinnell Mut. Reins. Co. v. Globe Am. Casualty Co., 426 N.W.2d 635, 638 (Iowa 1988) (excess carrier is liable only to the extent that a pro-rata insurance policy fails to satisfy a claim); Farm Bureau Mut. Ins. Co. v. Milne, 424 N.W.2d at 424 (Iowa 1988) (citing several jurisdictions that impose liability on a primary insurer for post-judgment interest on the entire damage award, regardless of that insurer’s policy limits with the insured).

III. Acceptance’s equity argument. Acceptance argues that because most of the post-judgment interest accrued on the principal amount of damages that U.S. Fire was ultimately obligated to pay, U.S. Fire should be liable for the interest on that principal amount.

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Related

Burkis v. Contemporary Industries Mid-West, Inc.
435 N.W.2d 397 (Court of Appeals of Iowa, 1988)
Farm Bureau Mutual Insurance Co. v. Milne
424 N.W.2d 422 (Supreme Court of Iowa, 1988)
Grinnell Mutual Reinsurance Co. v. Globe American Casualty Co.
426 N.W.2d 635 (Supreme Court of Iowa, 1988)
Bjork v. Dairyland Insurance Company
174 N.W.2d 379 (Supreme Court of Iowa, 1970)
Hartford Accident & Indemnity Co. v. Aetna Insurance
547 N.E.2d 114 (Illinois Supreme Court, 1989)
Starke v. Horak
260 N.W.2d 406 (Supreme Court of Iowa, 1977)
Insurance Co. of Pennsylvania v. Puritan Insurance Co.
532 So. 2d 35 (District Court of Appeal of Florida, 1988)

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Bluebook (online)
471 N.W.2d 791, 1991 Iowa Sup. LEXIS 221, 1991 WL 108247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/acceptance-insurance-co-v-united-states-fire-insurance-co-iowa-1991.