Bidwell v. Shelter Mutual Insurance Co.

367 S.W.3d 585, 2012 WL 2362360, 2012 Ky. LEXIS 86
CourtKentucky Supreme Court
DecidedJune 21, 2012
DocketNo. 2010-SC-000560-DG
StatusPublished
Cited by12 cases

This text of 367 S.W.3d 585 (Bidwell v. Shelter Mutual Insurance Co.) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bidwell v. Shelter Mutual Insurance Co., 367 S.W.3d 585, 2012 WL 2362360, 2012 Ky. LEXIS 86 (Ky. 2012).

Opinion

Opinion of the Court by

Justice SCOTT.

This case presents the question of whether an automobile insurance policy’s permissive user step-down provision is valid and enforceable. Specifically, we are being asked to determine whether the particular provision at issue is sufficiently conspicuous, plain and clear to satisfy the doctrine of reasonable expectations. The Kenton Circuit Court entered summary judgment in favor of the insurance company, declaring the permissive user step-down provision enforceable. In a split decision, the Court of Appeals affirmed. Because we believe that the policy’s permissive user step-down provision violates the doctrine of reasonable expectations, we reverse.

I. BACKGROUND

Appellant, Danielle Bidwell, was seriously injured in a single-vehicle accident while riding as a passenger in a car operated by Joshua Tarlton. Tarlton was using the vehicle with the permission of Frank and Missy Gaines (the Gaineses), who owned and insured the vehicle. Appellee, Shelter Mutual Insurance Company (Shelter), issued the Gaineses’ insurance policy. Tarl-ton had no other automobile insurance coverage.

The Declarations page of the vehicle’s insurance policy states that Shelter’s bodily injury liability is limited to $250,000 per person and $500,000 per accident. After submitting her claim for the full $250,000, Shelter informed Bidwell that the policy’s permissive user step-down provision limited her claim to $25,000 — the statutory minimum required by Kentucky law. See KRS 304.39-110. Bidwell argued that the provision was unenforceable and that the $250,000 listed on the Declarations page of the policy was therefore available for her claim.

Because the language and organization of the Gaineses’ auto-insurance policy is pivotal to the dispute, we pause here to describe it in general terms. We will address specific details as necessary in the “Analysis” section.

[587]*587The first page of the policy is the Declarations page, which serves as a summary of the policy’s terms.1 According to the policy’s Index, the Declarations page lists “[t]he named insured, additional listed insureds, insured vehicle, policy period, types of coverage and amount of insurance you have.” As previously noted, the actual Declarations page limits Shelter’s liability for bodily injury to $250,000 per person, and $500,000 per accident. It makes no mention of any coverage limitation for permissive users.

The first reference to the permissive user step-down provision at issue in this case appears on pages ten and eleven of the policy. That provision addresses coverage for persons insured under the policy solely because they have permission or general consent to use the vehicle. The provision attempts to limit coverage of these persons to “the minimum limits of liability insurance coverage specified by the financial responsibility law applicable to the accident, regardless of the limits stated in the Declarations.”2

The second reference to the permissive user step-down provision appears on page thirteen of the policy under the “LIMIT OF OUR LIABILITY” subsection. This provision is substantively identical to the provision that appears on pages ten and eleven. And although it appears in the policy twice, it does not appear, nor is any reference made to it, on the Declarations page.

The “financial responsibility law applicable to” this accident is KRS 304.39-110, although the Gaineses’ policy never specifically mentions it or summarizes its contents. That statute, titled “Required minimum tort liability insurance,” provides the following:

(1) The requirement of security for payment of tort liabilities is fulfilled by providing:
(a) Either:
1. Split limits liability coverage of not less than twenty-five thousand dollars ($25,000) for all damages arising out of bodily injury sustained by any one (1) person, and not less than fifty thousand dollars ($50,000) for damages arising out of bodily injury sustained by all persons injured as a result of any one
[588]*588(1) accident, plus liability coverage of not less than ten thousand dollars ($10,000) for all damages arising out of damage to or destruction of property, including the loss of use thereof, as a result of any one (1) accident arising out of ownership, maintenance, use, loading, or unloading, of the secured vehicle; or
2. Single limits liability coverage of not less than sixty thousand dollars ($60,000) for all damages whether arising out of bodily injury or damage to property as a result of any one (1) accident arising out of ownership, maintenance, use, loading, or unloading, of the secured vehicle....

KRS 304.39-110. Thus, the policy’s reference to “minimum limits of liability insurance coverages mandated by the financial responsibility law applicable to the accident,” means, in this case, $25,000 per person for bodily injury — a reduction of some 90% from the $250,000 in coverage stated on the Declarations page.

Naturally, Bidwell and Shelter disagreed about the amount of coverage available for her claims, so Bidwell filed for a declaratory judgment, asking the trial court to declare the permissive user step-down provision in the Gaineses’ policy unenforceable. In her motion for summary judgment, Bidwell argued that the step-down provision was inconspicuous and ambiguous, and therefore unenforceable as a matter of law. Shelter filed a cross motion for summary judgment, urging the trial court to enforce the limitation.

Ultimately, the trial court ruled in Shelter’s favor, because even though it conceded that “Shelter could have done a better job making this provision abundantly clear to the average insured,” on balance it was sufficiently clear and conspicuous. In a split decision, the Court of Appeals affirmed. The dissent, however, would have held that the provision is inconspicuous, “and because Shelter agrees to pay the amounts included on the declarations page, an ambiguity exists regarding whether the insureds can rely on the coverage listed in the declarations page.” Bidwell v. Shelter Mut. Ins. Co., No. 2009-CA-001298-MR, 2010 WL 3187986, at *8 (Ky.App. August 13, 2010) (Moore, J., dissenting). The dissent would have resolved this ambiguity in Bidwell’s favor. Id. We subsequently granted discretionary review.

II. ANALYSIS

Bidwell argues that the permissive user step-down provision in the policy issued by Shelter is unenforceable as a matter of law. Specifically, she argues that the limitation of coverage for permissive users is not sufficiently conspicuous, plain and clear to defeat the insureds’ reasonable expectation of coverage. Additionally, Bidwell argues that the step-down provision creates an ambiguity that, consistent with our precedent, should be construed liberally in favor of the insured — here, Bidwell vis-a-vis the Gaineses’ policy.

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Bluebook (online)
367 S.W.3d 585, 2012 WL 2362360, 2012 Ky. LEXIS 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bidwell-v-shelter-mutual-insurance-co-ky-2012.