Baker v. Farm Bureau Mutual Insurance Co. of Idaho, Inc.

941 P.2d 1316, 130 Idaho 415, 1997 Ida. App. LEXIS 92
CourtIdaho Court of Appeals
DecidedJuly 18, 1997
DocketNo. 23285
StatusPublished
Cited by1 cases

This text of 941 P.2d 1316 (Baker v. Farm Bureau Mutual Insurance Co. of Idaho, Inc.) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baker v. Farm Bureau Mutual Insurance Co. of Idaho, Inc., 941 P.2d 1316, 130 Idaho 415, 1997 Ida. App. LEXIS 92 (Idaho Ct. App. 1997).

Opinion

PERRY, Judge.

This is an automobile insurance ease concerning underinsured motorist (UIM) coverage and medical payment coverage. Asserting that certain provisions of the policy issued by Farm Bureau Mutual Insurance Company of Idaho, Inc., are ambiguous and should be construed in his favor, Jed Baker appeals from the district court’s order granting summary judgment to Farm Bureau. For the reasons set forth below, we affirm.

I.

BACKGROUND

The facts of this case are not in dispute. While driving a 1981 Plymouth, with the permission of the vehicle’s owner, Jed Baker was struck by a drunk driver and suffered substantial injuries. The drunk driver’s insurance company tendered to Baker the limit of the driver’s liability insurance in the sum of $25,000. Baker’s damages well exceeded this amount. Baker turned to Farm Bureau, the insurance carrier on the Plymouth vehicle, and made a request as an insured under the UIM provision of the policy issued by Farm Bureau. Farm Bureau paid the medical benefits of $1,000 due under the policy, but refused to pay any further sums. Baker sued Farm Bureau alleging breach of contract, bad faith and breach of good faith and fair dealing. Farm Bureau moved for summary judgment. The district court granted the motion, ruling that the insurance policy was clear and unambiguous and that there were no further monies due and owing to Baker under the UIM coverage or medical coverage provisions. Baker moved for reconsideration of the district court’s decision which was denied. Baker appealed.

II.

STANDARD OF REVIEW

We first note that summary judgment under I.R.C.P. 56(c) is proper only when .there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. On appeal, we exercise free review in determining whether a genuine issue of material fact exists and whether the moving party is entitled to judgment as a matter of law. Edwards v. Conchemco, Inc., 111 Idaho 851, 852, 727 P.2d 1279, 1280 (Ct. App.1986). When assessing the motion for summary judgment, all controverted facts are to be liberally construed in favor of the nonmoving parly. Furthermore, the trial court must draw all reasonable inferences in favor of the party resisting the motion. G & M Farms v. Funk Irrigation Co., 119 Idaho 514, 517, 808 P.2d 851, 854 (1991); Sanders v. Kuna Joint School Dist., 125 Idaho 872, 876 P.2d 154 (Ct.App.1994).

Insurance policies are a matter of contract between the insurer and the insured. Brinkman v. Aid Ins. Co., 115 Idaho 346, 352, 766 P.2d 1227, 1233 (1988); Gordon v. Three Rivers Agency, Inc., 127 Idaho 539, 542, 903 P.2d 128, 131 (Ct.App.1995). To determine whether a policy is ambiguous, the Court must ask whether the policy “is reasonably subject to conflicting interpretation.” City of Boise v. Planet Ins. Co., 126 Idaho 51, 55, 878 P.2d 750, 754 (1994), quoting Bondy v. Levy, 121 Idaho 993, 997, 829 P.2d 1342, 1346 (1992). “Unless a contrary intent is shown, common, non-technieal words are given the meaning applied by laymen in daily usage — as opposed to the meaning derived from legal usage — in order to effectuate the intent of the parties.” Mutual of Enumclaw v. Box, 127 Idaho 851, 853, 908 P.2d 153, 155 (1995), quoting AID Ins. Co. (Mut.) v. Armstrong, 119 Idaho 897, 900, 811 P.2d 507, 510 (Ct.App.1991). Whether language contained in an insurance policy is ambiguous is a question of law to be determined by the trial judge. Foster v. Johnstone, 107 Idaho 61, [417]*41763, 685 P.2d 802, 804 (1984); Gordon, 127 Idaho at 542, 903 P.2d at 131. On appeal, we freely review this determination. Clark v. St. Paul Property and Liability Ins. Cos., 102 Idaho 756, 757, 639 P.2d 454, 455 (1981); Gordon, 127 Idaho at 542, 903 P.2d at 131.

III.

DISCUSSION

A. Underinsured Motorist Coverage

Baker asserts that the policy issued by Farm Bureau contains several ambiguous provisions relating to the UIM coverage provided to him, as an insured, under the policy.1 Baker contends that a reasonable interpretation of the UIM coverage provisions in dispute would provide substantial relief and coverage for his overwhelming debts related to injuries sustained in the accident.

The declarations page of the policy in effect at the time of Baker’s accident states limits of liability of $100,000 each occurrence for bodily injury and property damage liability coverage, $25,000 each person for underin-sured motorist coverage, and $1,000 each person for medical coverage.

Coverage P of the policy defines the un-derinsured motorist coverage and provides, in part:

We will pay damages which an insured is legally entitled to recover from the owner or operator of an ... underinsured motor vehicle because of bodily injury sustained by an insured and caused by an occurrence. The owner’s or operator’s liability for these damages must arise from the ownership, maintenance or use of the ... underinsured motor vehicle.
3. Underinsured motor vehicle means a motor vehicle or trailer for which the sum of liability limits of all liability bonds or policies at the time of an occurrence is less than the limit of this coverage])]

Baker claims that subsection three, which defines an underinsured motor vehicle, is ambiguous. He claims that the words, “this coverage,” are ambiguous because it is unclear whether the words refer to the general liability coverage, the UIM coverage, the medical coverage or the entire page of declarations. For support, Baker compares the language of the instant policy with the language this Court held to be ambiguous in Gordon.

In Gordon, we analyzed the following un-derinsured motor vehicle provision:

“[U]nderinsured highway vehicle” means a highway vehicle with respect to the ownership, maintenance or use of which the sum of the limits of liability under all other bodily injury liability bonds and insurance policies applicable at the time of the accident is less than the applicable limits of liability under this insurance.

Gordon, 127 Idaho at 543, 903 P.2d at 132. We held that the phrase, “applicable limits of liability under this insurance,” was ambiguous, reasoning:

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Related

Baker v. FARM BUREAU MUT. INS. CO. OF ID.
941 P.2d 1316 (Idaho Court of Appeals, 1997)

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941 P.2d 1316, 130 Idaho 415, 1997 Ida. App. LEXIS 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-farm-bureau-mutual-insurance-co-of-idaho-inc-idahoctapp-1997.