Bardsley v. Government Employees Insurance

747 S.E.2d 436, 405 S.C. 68, 2013 WL 4082345, 2013 S.C. LEXIS 201
CourtSupreme Court of South Carolina
DecidedAugust 14, 2013
DocketAppellate Case No. 2012-206390; No. 27295
StatusPublished
Cited by8 cases

This text of 747 S.E.2d 436 (Bardsley v. Government Employees Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bardsley v. Government Employees Insurance, 747 S.E.2d 436, 405 S.C. 68, 2013 WL 4082345, 2013 S.C. LEXIS 201 (S.C. 2013).

Opinion

Justice HEARN.

A speeding car crashed into Respondent Francina Bardsley’s home, traveling through the house, striking and killing her husband, Frederic Bardsley, and causing property damage. The liability coverage of the driver, John Ludwig, was exhausted in settlement of the wrongful death action, and we are now asked to consider the impact of the collateral source rule on underinsured motorist property damage coverage where the homeowners’ policy has already paid for the property damage. We hold the collateral source rule does not apply and there is no underinsured motorist property damage coverage available, and accordingly, reverse.

FACTUAL/PROCEDURAL BACKGROUND

After leaving a wedding reception, Ludwig drove a Maserati owned by his company, System Development Integration, Inc. (SDI), at speeds of 85 to 96 miles per hour down a road with a 35 miles per hour speed limit. His car left the road, went up an embankment and became airborne, crashed into the rear of the Bardsleys’ residence approximately ten feet above the ground, and struck Frederic, resulting in his immediate death. The vehicle continued through the home, crashed through the front of the house, and came to rest in the front yard. Auto Owners Insurance Company and Hartford Casualty Insurance Company insured Ludwig and SDI for $3 million in liability coverage.1

[73]*73The Bardsleys had $457,318.47 in homeowner’s insurance coverage through State Farm. That policy provides: “If a loss covered by this policy is also covered by other insurance, we will pay only our share of the loss. Our share is the proportion of the loss that the applicable limit under this policy bears to the total amount of insurance covering the loss.”

Additionally, the Bardsleys had automobile insurance through Government Employees Insurance Company (GEI-CO), which provided $300,000 in underinsured motorist (UIM) bodily injury coverage and $100,000 in UIM property damage coverage. The policy provides: “With respect to property damage, this insurance shall be excess over other valid and collectible insurance applicable to the damaged property.”

On behalf of her husband’s estate, Francina settled a wrongful death claim with Auto Owners and Hartford. They agreed to pay the policy limits of $3 million, and she agreed to sign a covenant not to execute against Ludwig, SDI, Auto Owners, and Hartford, and to resolve State Farm’s subrogation claim out of the settlement proceeds. The probate court approved the settlement in an order stating the $3 million dollar payment “is to be allocated 100% to the wrongful death claim as the parties stipulate there is no valid survival claim.”

State Farm paid $127,813.49 to repair the Bardsleys’ home, but claimed it was entitled to reimbursement for those expenses from the $3 million settlement pursuant to its subrogation right. GEICO paid out the full $300,000 in UIM bodily injury coverage in exchange for a covenant not to execute as to any bodily injury claim. However, GEICO refused to pay any amount under the UIM property damage coverage.

Francina filed the instant declaratory judgment action against GEICO and State Farm, alleging GEICO was obligated to pay her the $100,000 in UIM property damage coverage. She also alleged State Farm wrongfully claimed it was entitled to subrogation from the $3 million settlement because those funds were allocated solely to the wrongful death claim.

Francina later reached a settlement with State Farm whereby she paid $94,424.75 from the $3 million settlement and signed a covenant not to execute, and State Farm agreed its subrogation claim was satisfied. The covenant not to execute stated: “as a direct and proximate result of the [74]*74Ludwig Incident, Plaintiff sustained $88,230.47 for damages to the Residence, $23,684.44 for damages to contents, and an additional $22,959.99 for loss of use and living expenses.”

As to the remaining claim against GEICO, Francina and GEICO filed cross-motions for summary judgment. Francina asserted GEICO was obligated to pay her because the home sustained $127,813.49 in property damage and those claims were not paid out of the available insurance because State Farm was reimbursed from the settlement. She also argued the “other insurance” provision in the GEICO policy was void because it was contrary to the collateral source rule and public policy. GEICO argued the State Farm coverage had not been exhausted and thus, pursuant to the “other insurance” provision, GEICO’s policy was excess to the State Farm coverage and there was no UIM property damage coverage available under the GEICO policy.

The circuit court granted summary judgment for Francina and ordered GEICO to pay Francina $100,000 for UIM property damage coverage. The court first found the “other insurance” provision was ambiguous. However, it did not state how the provision was ambiguous or provide any reasoning. The summary judgment order simply states: “GEICO’s policy ... when read as a whole, is ambiguous and contains conflicting terms.” The court also held the “other insurance” provision violated the collateral source rule. Specifically, it found the State Farm policy was a collateral source which GEICO could not use to decrease its obligations and found there would be no double recovery because the wrongful death claim was settled for Auto Owners’ and Hartford’s policy limits despite being worth more. Finally, the court did not explicitly rule on the public policy argument, finding only that “GEICO’s UIM rider may also contravene public policy since any exclusions inconsistent with the UIM statute are void.” (emphasis added). GEICO appealed, and this Court certified the appeal for review pursuant to Rule 204(b), SCACR.

ISSUES PRESENTED

I. Did the circuit court err in finding the GEICO policy ambiguous?

[75]*75II. Did the circuit court err in finding the “other insurance” provision violates public policy?

III. Did the circuit court err in holding the collateral source rule renders the “other insurance” provision invalid?

LAW/ANALYSIS

I. AMBIGUITY

GEICO argues the circuit court erred in holding the “other insurance” provision ambiguous because the court failed to set forth more than one way it could be reasonably understood. Francina counters that a court does not have to set out alternative meanings of a provision in order to find it ambiguous and the ambiguity here is clear on the face of the provision and from the record. We hold the circuit court erred in finding the provision ambiguous.

Stated simply, “[a] contract is ambiguous when it is capable of more than one meaning or when its meaning is unclear.” Ellie, Inc. v. Miccichi, 358 S.C. 78, 94, 594 S.E.2d 485, 494 (Ct.App.2004). “An ambiguous contract is one capable of being understood in more senses than one, an agreement obscure in meaning, through indefiniteness of expression, or having a double meaning.” Bruce v. Blalock, 241 S.C. 155, 160, 127 S.E.2d 439, 441 (1962). Accordingly, when a court makes a finding of ambiguity, it must set forth either how a provision is capable of more than one meaning or is obscure in meaning. A simple finding of ambiguity, absent any reasoning, is insufficient.

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Bluebook (online)
747 S.E.2d 436, 405 S.C. 68, 2013 WL 4082345, 2013 S.C. LEXIS 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bardsley-v-government-employees-insurance-sc-2013.