American States Insurance Co. v. Utah Transit Authority

699 P.2d 1210, 1985 Utah LEXIS 789
CourtUtah Supreme Court
DecidedMarch 6, 1985
Docket18945
StatusPublished
Cited by13 cases

This text of 699 P.2d 1210 (American States Insurance Co. v. Utah Transit Authority) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American States Insurance Co. v. Utah Transit Authority, 699 P.2d 1210, 1985 Utah LEXIS 789 (Utah 1985).

Opinions

HOWE, Justice:

Plaintiff American States Insurance Company (ASI) appeals from a summary judgment in favor of defendant Utah Transit Authority (UTA) denying ASI indemnification from UTA for uninsured motorist (UM) payments that ASI made to a UTA passenger.

The facts are undisputed. Raymond V. Chamberlain was injured while riding as a passenger on one of UTA’s buses when the bus was struck by an uninsured motorist. ASI, which was the insurer of an automobile owned by Chamberlain, paid him $8,500 under the policy’s UM coverage. UTA, a qualified self-insurer under the Utah Automobile No-Fault Insurance Act (No-Fault Act), U.C.A., 1953, § 31-41-5(l)(b), paid Chamberlain personal injury protection benefits of $364.61, but refused to indemnify ASI for the $8,500 it paid Chamberlain on the ground that it was not required to provide UM coverage for its passengers.

The sole issue before this Court is whether UTA was required to provide UM coverage for its passengers and, consequently, as the primary insurer, to indemnify ASI for payments it made to its own insured. We hold that it was not.

ASI invokes both the provisions of the No-Fault Act § 31-41-1 to -22, and those of the Motor Vehicle Safety Responsibility Act (Safety Responsibility Act) § 41-12-1 to -41 to obligate UTA to provide UM coverage for its passengers. It correctly points out that UTA is made subject to the requirements of the No-Fault Act in section 31-41-4(3) and that subsections 31-41-5(l)(a) and (b) require owners of motor vehicles to carry liability insurance that meets the qualifications imposed by the Safety Responsibility Act, Allstate Insurance Co. v. USF & G, Utah, 619 P.2d 329 (1980), or to be self-insured. ASI contends that because section 31-41-5(l)(b) imposes on a self-insurer “all of the obligations and rights of an insurer under this act” and requires it to afford security equivalent to a qualified policy, a self-insurer is obligated to provide UM coverage for passengers in its vehicles the same as an owner who is insured under a qualified policy. This contention requires an examination of our statute on UM coverage, section 41-12-21.1 of the Safety Responsibility Act:

[N]o automobile liability insurance policy insuring against loss resulting from liability imposed by law for bodily injury or death or property damage suffered by any person arising out of the ownership, maintenance or use of a motor vehicle, shall be delivered, issued for delivery, or renewed in this state, with respect to any motor vehicle registered or principally garaged in this state, unless coverage is provided in such policy or a supplement to it, in limits for bodily injury or death set forth in section 41-12-5, under provisions filed with and approved by the state insurance commission for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom. The named insured shall have the right to reject such coverage, and unless the named insured requests such coverage in writing, such coverage need not be provided in a renewal policy or a supplement to it where the named insured had rejected the coverage in connection with a policy previously issued to him by the same insurer. [Emphasis added.]

ASI contends that UTA is subject to this provision and that it did not reject or have the right to reject UM coverage, as it owes a high duty of care, as a common carrier [1212]*1212and a public agency, to its passengers. It also relies on section 31-41-7(2) of the No-Fault Act in support of its claim that UTA, as a matter of law, must indemnify ASI for UM coverage payments made to its insured. That section provides as follows:

When a person injured is also an insured party under any other policy, including those complying with this act, primary coverage shall be afforded by the policy insuring the motor vehicle out of the use of which the accident arose.

Section 41-12-21.1 on UM coverage set out above requires that no automobile liability insurance policy shall be delivered, issued for delivery, or renewed unless coverage is provided to protect against uninsured motorists. The named insured is given the right to reject such coverage, which in turn relieves the insurer from providing such coverage in a renewal policy or a supplement to it. The statutory language explicitly addresses the rights and duties of two parties, the insurer and the insured, under a contract of insurance. To read into that language legislative intent that UM coverage applies to a qualified self-insurer would contort its clear and express meaning.

UTA obtained its certificate of self-insurance when it demonstrated that it was possessed and would continue to be possessed of the ability to pay judgments against it. That certificate serves as an equivalent for a policy and satisfies the requirement of furnishing security. U.C.A., 1953, § 31-41-5(l)(b). However, a certificate of self-insurance negates the existence of a policy of insurance requiring an offer of UM coverage but permitting rejection. A self-insurer cannot offer insurance to itself, nor can it reject the insurance so tendered. A certificate of self-insurance is not really insurance or a policy of insurance; it is simply an assurance that judgments will be paid. U.C.A., 1953, § 41-12-34; Guercio v. Hertz Corp., 40 N.Y.2d 680, 389 N.Y.S.2d 568, 358 N.E.2d 261 (1976). Section 41-12-21.1 clearly, by its own terms, cannot be made to apply to self-insurers.

Precedent exists under similar statutes in other jurisdictions. Arizona has held the UM coverage requirement inapplicable to self-insurers on the ground that a self-insurer cannot be regarded as an insurance carrier who alone is under legislative mandate to provide UM coverage. Mountain States Telephone and Telegraph Co. v. Aetna Casualty and Surety Co., 116 Ariz. 225, 568 P.2d 1123 (1977). California considers a certificate of self-insurance not a motor vehicle liability policy of insurance but a method of providing exemption from security. Glens Falls Insurance Co. v. Consolidated Freightways, 242 Cal.App.2d 774, 51 CaLRptr. 789 (1966). Pennsylvania has interpreted its uninsured motorists act to require the existence of a liability policy of insurance before a cause of action may arise under the act that required UM coverage unless rejected but held that a self-insured is not required to have a liability policy. Johnson v. Yellow Cab Co., 456 Pa. 256, 317 A.2d 245 (1974). Virginia has held that liability insurance underwriters and not self-insurers are required to provide UM coverage under a statutory exception requiring a UM endorsement in every insurance policy issued and delivered. Shelton v. American Re-Insurance Co., 210 Va. 655, 173 S.E.2d 820 (1970).

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American States Insurance Co. v. Utah Transit Authority
699 P.2d 1210 (Utah Supreme Court, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
699 P.2d 1210, 1985 Utah LEXIS 789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-states-insurance-co-v-utah-transit-authority-utah-1985.