American Standard Insurance Co. of Wisconsin v. Dolphin

801 S.W.2d 413, 1990 Mo. App. LEXIS 1685, 1990 WL 178808
CourtMissouri Court of Appeals
DecidedNovember 20, 1990
DocketNo. 57796
StatusPublished
Cited by7 cases

This text of 801 S.W.2d 413 (American Standard Insurance Co. of Wisconsin v. Dolphin) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Standard Insurance Co. of Wisconsin v. Dolphin, 801 S.W.2d 413, 1990 Mo. App. LEXIS 1685, 1990 WL 178808 (Mo. Ct. App. 1990).

Opinion

SIMON, Judge.

Appellant, American Standard Insurance Company of Wisconsin (American Standard) appeals from the judgment entered in favor of respondent, Lisa Dolphin (Dolphin), a passenger on the insured motorcycle, on its petition for Declaratory Judgment on Dolphin’s action seeking to recover for personal injuries sustained in a motorcycle accident.

On appeal, American Standard argues that the trial court erred in: (1) holding the “passenger exclusion” clause in its motorcycle liability insurance policy, to be against the public policy of the State of Missouri in that the exclusionary clause is fully consistent with the public policy of this state because Missouri law does not compel a motorist to have automobile liability insurance, and hence, a clause restricting the scope of an insured risk against a claim by a passenger does not violate the spirit of Missouri’s financial responsibility statutes or any related provisions of law and (2) finding that even if the passenger exclusion was valid that respondent, Lisa Dolphin, would be entitled to coverage under Part III of the policy issued by American Standard to Mike and Beth Oris providing uninsured motorist coverage as Missouri law is clear that Mo.Rev.Stat. Section 379.203 is an “uninsured vehicle” statute and not an “uninsured motorist” statute and there is no dispute in this case that the motorcycle did have a valid liability policy on the vehicle and even if an exclusion to the liability policy prevents an individual from recovering under the policy, uninsured motorist coverages are then not available to the injured party. We affirm.

[414]*414The undisputed facts are as follows. On April 10, 1988, an accident occurred when a motorcycle driven by Terry Shipley collided with the rear of an automobile driven by Harry T. Johns. Lisa Dolphin, a passenger on the motorcycle, sustained bodily injuries as a result of the collision.

The motorcycle driven by Terry Shipley was owned by Mike and Beth Oris. At the time of the accident there was in effect an insurance policy issued by American Standard to Mike and Beth Oris. The policy provided bodily injury liability coverage for the operator of a motorcycle of $25,000.00 per person and $50,000.00 per occurrence and uninsured motorist coverage of $25,-000.00 per person and $50,000.00 per occurrence.

The policy contained a passenger exclusionary clause in PART I — LIABILITY COVERAGE which provides: EXCLUSIONS

This coverage does not apply to:
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12. Bodily injury to any passenger while occupying any motorcycle.

The policy also provides in PART I — LIABILITY COVERAGE

CONFORMITY WITH FINANCIAL RESPONSIBILITY LAWS
When we certify this policy as proof under any financial responsibility law, it will comply to the extent of the required coverage. You agree to repay us for any payment we would not have had to make except for this agreement.

Lisa Dolphin asserted a claim for bodily injury as a result of said collision, against Terry M. Shipley, the operator of the motorcycle, as an insured under the policy. In addition, she asserted a claim for bodily injury under the uninsured motorist provision of the policy as an alternative claim depending on the applicability of the liability coverage.

American Standard refused to compensate Dolphin for her injuries and filed a petition for Declaratory Judgment. Subsequently, Dolphin filed her answer and counterclaim for Declaratory Judgment. On November 29, 1989, the trial court entered its order denying American Standard’s petition for Declaratory Judgment and granting Dolphin’s counterclaim for Declaratory Judgment pursuant to her Motion for Judgment on the Pleadings. The trial court ruled that the passenger exclusion clause was invalid and contrary to Missouri public policy. Alternatively, the trial court ruled that even if the “passenger exclusion” was valid, Dolphin would be entitled to coverage under Part III of the policy providing uninsured motorist coverage.

Initially, we note that our review of a declaratory judgment is governed by the principles set forth in Murphy v. Carrón, 536 S.W.2d 30, 32[l-3] (Mo. banc 1976). In its first point, American Standard essentially argues that the trial court’s decision invalidating the passenger exclusion clause was erroneous and ignores the legislature’s intent and history of Missouri’s Financial Responsibility Law. American Standard supports its contention by arguing that the Missouri General Assembly did not enact a compulsory automobile liability insurance law, that the coverage required in section 303.190.2 RSMo 1986 applies only to “certified policies,” and that the statute does not require all policies to provide coverage to their insureds for all losses arising out of the use of motor vehicles.

Section 303.190. RSMo 1986 provides in pertinent part:

1. A “motor vehicle liability policy” as said term is used in this chapter shall mean an owner’s or an operator’s policy of liability insurance, certified as provided in section 303.170 or section 303.180 as proof of financial responsibility, and issued, except as otherwise provided in section 303.180 by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.
2. Such owner’s policy of liability insurance:
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(2) Shall insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured, against loss from [415]*415the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle or motor vehicles.
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The statutory requirements of section 303.190.2 RSMo 1986 apply to those policies which have been certified in accordance with the statute. Protective Casualty Ins. Co. v. Cook, 734 S.W.2d 898, 907[7, 8] (Mo.App.1987). Here, we note that the record before this court does not indicate whether or not the policy issued by American Standard to Mike and Beth Oris has been “certified.” American Standard in its brief states that the policy has not been certified and Dolphin does not contest the statement.

It is the public policy of this state to assure financial remuneration for damages sustained through the negligent operation of motor vehicles on the public highways of this state. Winterton v. Van Zandt, 351 S.W.2d 696, 700-701[1, 2] (Mo. banc 1961). Section 303.010 et seq. RSMo 1986, MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW, and in particular, section 303.190.2 set out our state’s public policy regarding financial responsibility in the ownership and operation of motor vehicles. Allstate Ins. Co. v. Sullivan, 643 S.W.2d 21, 22-23[1, 2] (Mo.App.1982).

In Sullivan,

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Bluebook (online)
801 S.W.2d 413, 1990 Mo. App. LEXIS 1685, 1990 WL 178808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-standard-insurance-co-of-wisconsin-v-dolphin-moctapp-1990.