Bates v. United Security Insurance Company

163 N.W.2d 390, 33 A.L.R. 3d 950, 1968 Iowa Sup. LEXIS 977
CourtSupreme Court of Iowa
DecidedDecember 10, 1968
Docket53188
StatusPublished
Cited by30 cases

This text of 163 N.W.2d 390 (Bates v. United Security Insurance Company) 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
Bates v. United Security Insurance Company, 163 N.W.2d 390, 33 A.L.R. 3d 950, 1968 Iowa Sup. LEXIS 977 (iowa 1968).

Opinion

MASON, Justice.

Defendant United Security Insurance Company issued its family automobile policy to plaintiff Arnold E. Bates as the named insured. In this law action tried to the court he sought recovery under the medical payment section of his policy for expenses incurred in treating bodily injuries sustained in an automobile accident May 13, 1966.

Plaintiff appeals from denial of his claim.

I. All relevant facts were stipulated. Plaintiff was injured in an automobile-truck accident on Interstate 80 when a truck owned by Colonial Baking Company and driven by plaintiff in the course of his employment as a truck driver or route salesman for Colonial was struck from the rear by an approaching automobile. The truck was furnished by the baking company for plaintiff’s regular use, not as a temporary substitute automobile. As a result of the accident Bates incurred necessary medical expenses of $1221.04.

The issue is whether plaintiff is entitled to recover these expenses under Part II of his policy. Defendant denied payment, contending no coverage was extended by the policy.

The policy provides inter alia:

“Part II — Expenses for Medical Services
“Coverage C — Medical Payments: To pay all reasonable expenses incurred within one year from the date of accident for necessary medical, surgical, X-ray * * * and necessary ambulance, hospital, professional nursing * * * services:
“Division 1. To or for the named insured * * * who sustains bodily injury * * * hereinafter called ‘bodily injury’, caused by accident, (a) while occupying the owned automobile, (b) while occupying a non-owned automobile, but only if such person has, or reasonably believes he has, the permission of the owner to use the automobile and the use is within the scope of such permission, or (c) through being struck by an automobile * * * ”

The trial court held plaintiff did not sustain bodily injury “through being struck by an automobile” within Part II, Coverage C, Division 1, paragraph (c) of the policy when this paragraph is considered in context of the entire Part II and that the policy language in question is not ambiguous.

A determination of the issue first involves interpretation of the policy language “struck by an automobile” in the medical payment section.

II. Plaintiff asserts the court erred (1) in holding he did not sustain bodily injury “through being struck by an automobile” within the meaning and intent of paragraph (c), supra, and (2) in holding as a matter of law the policy language under coverage (c) is not ambiguous on the ques *392 tion of whether coverage is extended to plaintiff.

Plaintiff argues the court’s ruling is contrary to the plain meaning of the policy, other jurisdictions faced with similar language for interpretation on similar facts have almost universally allowed recovery, holding there is no need for physical contact between the striking automobile and the insured. We consider later the decisions he cites.

Defendant, on the other hand, maintains a reasonable construction of the policy which gives effect to all its provisions and corresponds to the intent of the parties as therein reflected is that subparagraph (c) applies to situations when the insured is not occupying an automobile. It further contends a construction of the policy which interprets subparagraph (c), “through being struck by an automobile * * as extending coverage to an insured while driving a non-covered vehicle that is neither “owned” nor “non-owned” within the expressed definitions of the policy does violence to the intention of the parties and virtually renders meaningless subpara-graphs (a) and (b) of Division 1, Coverage C, Part II of the policy.

Stated otherwise, defendant contends if coverage is extended to plaintiff it would in effect give him coverage not only in an owned and a non-owned vehicle as those terms are defined in the policy but also separate and distinct coverage while occupying a vehicle not within either category merely by purchasing coverage on two classifications.

III. Except in determining the legal consequences of the policy we do not review the case de novo but only on errors assigned. Rule 334, Rules of Civil Procedure.

It is clear there was no physical touching of plaintiff by the vehicle which collided with the one he was operating.

We consider first plaintiff’s contention he was “struck by an automobile” and the cases he cites to support it. He asserts a person in a vehicle into which another vehicle crashes and injures him has been “struck” by the other vehicle and he qualifies for benefits under a policy covering injuries received “by being struck by an automobile”. Plaintiff says it is not necessary the insured actually come in physical contact with the colliding vehicle.

Plaintiff relies heavily upon Carson v. Nationwide Mutual Insurance Company, Ohio Com.Pl., 84 Ohio Law Abst. 378, 169 N.E.2d 506. Although from an intermediate court, it has been cited and extensively quoted from with approval by the same court and others. It was a law action, under the medical payment provisions of an automobile policy issued him by defendant, to recover medical and hospital expenses resulting from injuries as the result of an accident when plaintiff’s farm tractor was struck by a land motor vehicle while he was operating the tractor on a public highway. There was no physical touching of plaintiff’s person by the vehicle which struck the tractor.

In a declaration attached to the policy plaintiff was identified as the policy holder and the auto specifically covered as insured was a Buick station wagon. The insurer denied liability and the matter was tried to the court without a jury on stipulated facts. We quote from the opinion:

“The pertinent provisions of the policy * * * are to be found on page 1 of the policy under ‘Insuring Agreements’ subtitled ‘Coverages’. Subsection D(2) of the ‘Coverages’ provides for payment of all reasonable expenses incurred within one year following an accident to the policyholder whose injury was sustained:
‘(a) by being struck by a land motor vehicle or trailer, or
‘(b) while in or upon, entering or alighting from any other land motor vehicle or trailer except one owned by the Policyholder or a member of his household * * * ’
“Plaintiff claims he is entitled to recover under above sub-paragraph (a) since the *393 injuries resulted, he contends, from his being 'struck by a land vehicle or trailer’.
“Defendant contends that sub-paragraph (b) specifically denies recovery if the injuries were sustained while in a land motor vehicle, if such vehicle is one owned by the policyholder. The defendant further contends that plaintiff was not ‘struck by a land motor vehicle or trailer’ as claimed and as that expression appears in sub-paragraph (a) because there was no physical touching

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Bluebook (online)
163 N.W.2d 390, 33 A.L.R. 3d 950, 1968 Iowa Sup. LEXIS 977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bates-v-united-security-insurance-company-iowa-1968.