Baughman v. Merchants Mutual Insurance

663 N.E.2d 898, 87 N.Y.2d 589, 640 N.Y.S.2d 857, 1996 N.Y. LEXIS 62
CourtNew York Court of Appeals
DecidedFebruary 13, 1996
StatusPublished
Cited by17 cases

This text of 663 N.E.2d 898 (Baughman v. Merchants Mutual Insurance) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baughman v. Merchants Mutual Insurance, 663 N.E.2d 898, 87 N.Y.2d 589, 640 N.Y.S.2d 857, 1996 N.Y. LEXIS 62 (N.Y. 1996).

Opinion

OPINION OF THE COURT

Bellacosa, J.

The dispositive issue on this appeal, before the Court as of right based on a two-Justice dissent at the Appellate Division (CPLR 5601 [a]), is whether a particular commercial insurance policy clause excludes coverage for a 1978 single-vehicle accident. We conclude that the coverage for the owners with respect to the accident and personal-trip circumstances presented by this case was definitively excluded by the policy clause at issue.

Plaintiffs, Donald H. Baughman and Donald H. Baughman, Inc., owners of the tractor at issue here, appeal from the declaration in favor of defendant Merchants Mutual Insurance Company and against plaintiffs’ effort to have the carrier indemnify them. While we agree with the result and, thus, affirm the order of the Appellate Division, our conclusion rests essentially on the interpretation of the policy clause at issue.

Baughman, Inc., leased the tractor involved in the accident to John R. Schutt, Jr., Inc., and pursuant to that lease Baughman, Inc.,' also dispatched drivers in response to requests from Schutt. Merchants issued a general liability vehicle policy to Schutt covering all vehicles Schutt owned or leased. In February 1978, driver Ralph E. Landwehr, an employee of Baughman, Inc., was "dispatched” to Schutt, and acting in accordance with Schutt’s instructions, made a number of pickups and deliveries in the leased tractor-trailer. Following the final delivery of the day at a plant in Tonawanda, New York, Landwehr decided to drive the tractor to Niagara Falls, New York, to visit a friend. Landwehr’s home in Springville, New York, was in the opposite direction. While crossing the Grand Island Bridge on the way to Niagara Falls, one of the tractor’s wheels came off, causing the tractor to crash into the guardrail, hurling the vehicle and Landwehr over and into the icy Niagara River. Landwehr was seriously and permanently injured. The New York Workers’ Compensation Board rejected his claim for benefits on the ground that the accident did not occur within the course of his employment. That determination is not appealed.

Landwehr then sued Schutt, Baughman, and Baughman, Inc., and won a substantial judgment. Approximately $1.2 mil[592]*592lion of the judgment remains unpaid, and plaintiffs Baughman and Baughman, Inc. are the only entities against whom the judgment remains operative.

Merchants Mutual Insurance Company had declined to defend plaintiffs Baughmans in the underlying action. Plaintiffs ultimately brought this declaratory judgment action seeking to have Merchants cover the judgment against them. Supreme Court dismissed the complaint. The Appellate Division technically modified, with the same essential result, by declaring in favor of the defendant insurer. The Court held that the earlier ruling of the Workers’ Compensation Board that Landwehr was not acting within the scope of his employment at the time of the accident was determinative. The Court concluded that the plaintiffs were not "insureds” under the policy because the truck was not being "exclusively” used in the scope of the business of the named insured.

While the parties agree that plaintiffs are "owners” of the vehicle as that term is defined and covered in the policy, the determinative issue on this appeal devolves to whether the insurer properly denied coverage pursuant to the exclusionary "Endorsement” to the policy. That endorsement excludes coverage if "the [vehicle] is not being used exclusively in the business of the named insured * * * but this limitation shall not apply to a [vehicle] while en route, at the request of the named insured, to engage in such exclusive use and not transporting property for others” (emphasis added). Schutt is the "named insured” under the policy and plaintiffs Baughmans’ interests rise or fall with the operation and effect of the above-quoted clause.

Plaintiffs argue that the language of the exclusion clause is ambiguous, and that as a result it should be construed against the insurer. That was the view of the dissenting Justices at the Appellate Division. We disagree with that reasoning and the result it would compel.

The policy emphasizes the "exclusive use” feature in order definitively to distinguish coverage from exclusion of risks. This Court has cautioned that we "may not disregard clear provisions which the insurers inserted in the policies and the insured accepted,” and that "their construction is solely a question of law for the court” (Caporino v Travelers Ins. Co., 62 NY2d 234, 239).

Merchants offered and entered into a carefully circumscribed and tailored business policy to cover and to exclude defined [593]*593risks associated with Schutt’s trucking activities. An important guidepost when interpreting a business policy is to examine "the 'reasonable expectation and purpose of the ordinary business [person] when making an ordinary business contract’ ” (Michaels v City of Buffalo, 85 NY2d 754, 757, citing Bird v St. Paul Fire & Mar. Ins. Co., 224 NY 47, 51). The language of the exclusion makes plain that Schutt’s and Merchants’ reasonable expectations, which are binding on plaintiffs, were that the policy should suffer those risks exclusively associated with Schutt’s business enterprise. They did not agree to underwrite or pay premiums for private risks put in play by others who were not parties to the contract of insurance or otherwise introduced by uncovered activities unless specific conditions were satisfied. The use of the word "exclusively” twice in the exclusion clause is not only highly probative, but also cogently supportive of the outcome we reach for this phase of this dispute.

The term "en route,” however, contained in the key, narrowly drawn exclusion clause must also be addressed. It is tailored to the particular type of transportation functions which the parties reasonably expected would occur in the customary course of the covered business. This phrase plainly extends coverage to situations where a vehicle is dispatched at Schutt’s direction, but has not yet entered service carrying goods on Schutt’s behalf. That is not this case.

Arguably, a "directed” or "dispatched” trip "en route” could be within an exclusive "scope of employment” definition for some purposes. Merchants and Schutt decided, however, to resolve ambiguity in that regard by mutually agreeing to language in advance in the policy clause by restricting coverage for the truck only if it was being operated "exclusively in the business.” The phrase "en route” in the exclusion clause is consistent with and buttresses the strictly limiting phrase "used exclusively in the business,” and surely does not operate in this case to undermine the unqualified exclusion. Indeed, the key words of this clause are as definite as one would require.

Plaintiffs, nevertheless, also suggest that the term "en route,” as used in this context, is so open-ended that its incorporation encompasses the type of personal, end-of-business-trip detour which Landwehr set out on in this case. The facts, without contradiction, do not support such a forced construct. Landwehr went in the opposite direction of any work-related function after the work day and duties were fully [594]*594completed, and he did so for an exclusively personal purpose. Plaintiffs’ argument in this regard is unpersuasive and ascribing uncertainty or ambiguity to the "en route” portion of this clause on such facts would be hypothetical sophistry.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matter of Matter v. Google Inc.
2024 NY Slip Op 04646 (Appellate Division of the Supreme Court of New York, 2024)
Matter of GEICO Ins. Co. v. Rice
2018 NY Slip Op 8651 (Appellate Division of the Supreme Court of New York, 2018)
Curley v. Layton
128 A.D.3d 884 (Appellate Division of the Supreme Court of New York, 2015)
Matter of Government Employees Ins. Co. v. Beltran
120 A.D.3d 684 (Appellate Division of the Supreme Court of New York, 2014)
DRYDEN MUTUAL INSURANCE COMPANY v. GOESSL, STANLEY
Appellate Division of the Supreme Court of New York, 2014
Dryden Mutual Insurance v. Goessl
117 A.D.3d 1512 (Appellate Division of the Supreme Court of New York, 2014)
Government Employees Insurance v. Avelar
108 A.D.3d 672 (Appellate Division of the Supreme Court of New York, 2013)
Central Mutual Fire Insurance v. Vitaly Polyakov
74 A.D.3d 820 (Appellate Division of the Supreme Court of New York, 2010)
Richmond Farms Dairy v. National Grange Mutual Insurance
60 A.D.3d 1411 (Appellate Division of the Supreme Court of New York, 2009)
Warnock Capital Corp. v. Hermitage Insurance
21 A.D.3d 1091 (Appellate Division of the Supreme Court of New York, 2005)
Jones v. St. Paul Fire & Marine Insurance
295 A.D.2d 569 (Appellate Division of the Supreme Court of New York, 2002)
McKay v. Healthcare Underwriters Mutual Insurance
295 A.D.2d 686 (Appellate Division of the Supreme Court of New York, 2002)
Hurlburt v. Indemnity Insurance Co. of North America
289 A.D.2d 760 (Appellate Division of the Supreme Court of New York, 2001)
Brust v. Mutual of Omaha Insurance
187 Misc. 2d 780 (New York Supreme Court, 2000)
Excelsior Insurance v. Antretter Contracting Corp.
262 A.D.2d 124 (Appellate Division of the Supreme Court of New York, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
663 N.E.2d 898, 87 N.Y.2d 589, 640 N.Y.S.2d 857, 1996 N.Y. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baughman-v-merchants-mutual-insurance-ny-1996.