Billups v. Ala. Farm Bur. Mut. Cas. Ins. Co.

352 So. 2d 1097
CourtSupreme Court of Alabama
DecidedSeptember 30, 1977
StatusPublished
Cited by37 cases

This text of 352 So. 2d 1097 (Billups v. Ala. Farm Bur. Mut. Cas. Ins. Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Billups v. Ala. Farm Bur. Mut. Cas. Ins. Co., 352 So. 2d 1097 (Ala. 1977).

Opinion

352 So.2d 1097 (1977)

Joyce BILLUPS et al.
v.
ALABAMA FARM BUREAU MUTUAL CASUALTY INSURANCE COMPANY, a corporation, et al.

SC 2159.

Supreme Court of Alabama.

September 30, 1977.
Rehearing Denied December 22, 1977.

*1098 Jack Clarke, of Henley & Clarke, Northport, for appellants.

Olin W. Zeanah and William J. Donald, III, of Zeanah, Donald & Hust, Tuscaloosa, for appellees.

ALMON, Justice.

Alabama Farm Bureau Mutual Casualty Insurance Company and Federated Guaranty Mutual Insurance Company, appellees, brought this action seeking a declaratory judgment to determine their obligations to pay benefits to any of the appellants. From the trial court decree denying medical payments coverage and uninsured motorist coverage, appellants take this appeal.

The facts of this case arise out of an automobile accident on February 8, 1975, in Jefferson County, Alabama. The accident *1099 involved a 1970 Plymouth automobile, owned by Lucille Conner and driven by Jessie Silver, Jr., and an automobile driven by Henry Lee Moore, an uninsured motorist. In the 1970 Plymouth with Jessie Silver, Jr., were Debbie Billups, Joyce Billups, Melanie Carol Billups, and Curtis Conner, son of Lucille Conner. As a result of the accident, Jessie Silver, Jr., and Debbie Billups were killed. The other occupants received varying degrees of injuries.

At the time of the accident there was in force and effect on the 1970 Plymouth automobile a policy of liability insurance issued by Federated Guaranty to Lucille Conner as the named insured. At the same time there was in force and effect a policy of insurance issued by Alabama Farm Bureau to Lucille Conner as the named insured on a 1973 Chevrolet Impala automobile. The issue in this case is whether Joyce Billups, Melanie Carol Billups, the estate of Debbie Billups, and the estate of Jessie Silver, Jr., are entitled to medical coverage and uninsured motorist coverage under either of the automobile liability policies issued to Lucille Conner. The coverage of Curtis Conner under the policies is not at issue.

The two policies in question are identical except for the automobile covered. The relevant provisions are as follows:

"INSURING AGREEMENT I THE AUTOMOBILE ******

"Coverage C— Medical Payments

"To pay the reasonable expense of necessary medical, dental, x-ray, eyeglasses, hearing aids, surgical, ambulance, hospital, professional nursing, funeral services and prosthetic devices, all incurred within one year from date of accident to or for:
"(Division 1) each person who sustains bodily injury, sickness or a disease caused by accident while occupying:
"(a) the automobile described in the declarations, if the injury arises out of the use thereof by the named insured or spouse if a resident of the same household, or with the express permission of either. (emphasis added).

******

"(Division 2) each insured who sustains bodily injury, sickness or disease caused by accident, while in or upon, or while entering into or alighting from, or through being struck by, an automobile. ******
"(Division 3) Any person occupying the described automobile who sustains bodily injury caused by accident, if such vehicle is being used by an insured; * * *. ******

"DEFINITIONS — INSURING AGREEMENTS I AND II ******

"Insured — under Coverages A, B, C, C-1, and C-2, the unqualified word `insured' includes (1) the named insured, and also includes (2) his relatives, (3) any other person while using the automobile, provided the actual use of the automobile is with the express permission of the named insured, and (4) under Coverages A and B any person or organization legally responsible for the use thereof by an insured as defined under the three subsections above. (emphasis added).

"Use — means the actual manual and physical driving of the automobile (emphasis added).

"INSURING AGREEMENT III UNINSURED MOTORIST

"Coverage M—Damages for Bodily Injury Caused by Uninsured Automobiles.

"The Company will pay all sums which the insured or his legal representative shall be legally entitled to recover as damages except punitive damages (other than for death) from the owner or operator of an uninsured automobile * * *

"DEFINITIONS—INSURING AGREEMENT III

"The definitions of `Automobile, Temporary Substitute Automobile, Bodily Injury *1100 and Use' under Insuring Agreements I and II apply to Insuring Agreement III. "(a) Insured. The unqualified word `Insured' means
"(1) the First Named Insured as stated in the policy and residents of the same household, the spouse of any such Named Insured and relative of either;
"(2) any other person while occupying an insured automobile.
"(b) Insured Automobile ******
"but the term `insured automobile' shall not include: * * * * * *
"(ii) under subparagraphs (1) and (2) above, if the insured named in the declarations of the policy is an individual or husband and wife who are residents of the same household, an automobile unless being used by or with the express permission of such Named Insured or such

spouse; [emphasis added].

* * * * *"

I

UNINSURED MOTORIST COVERAGE

The court found that the 1970 Plymouth automobile was not used with the express permission of the named insured, Lucille Conner, or her spouse, and that the appellants were not entitled to uninsured motorist coverage under the Conner policies.

The appellants contend that the express permission provision of the policies conflicts with the Alabama Motor Vehicle Safety-Responsibility Act[1] and is therefore void. We agree insofar as it pertains to uninsured motorist coverage.

Tit. 36, § 74(62) (mandatory liability coverage) provides in part as follows:

"(a) A `motor vehicle liability policy' as said term is used in this subdivision shall mean an owner's or an operator's policy of liability insurance, certified as provided... as proof of financial responsibility, and issued . . . by an insurance carrier . . . to or for the benefit of the person named therein as insured.
"(b) Such owner's policy of liability insurance:. . . . .
"(2) shall insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle. . . ." (Emphasis added).

Tit. 36, § 74(62a) (uninsured motorist coverage) provides in part as follows:

"No automobile liability . . policy shall be delivered or issued . . . in this state . . . unless coverage is provided therein . . . for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles . . ."

The question is the effect the statutory provisions have upon the scope of the uninsured motorist coverage under the policy. This court has held that the scope of uninsured motorist coverage must be coextensive with liability coverage. State Farm Automobile Insurance Co. v. Reaves, 292 Ala. 218, 292 So.2d 95 (1974).

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

Related

State of Louisiana v. Davario Xavier Cole
Louisiana Court of Appeal, 2024
Grimes v. Alfa Mutual Insurance Co.
227 So. 3d 475 (Supreme Court of Alabama, 2017)
Federated Mut. Ins. Co., Inc. v. Vaughn
961 So. 2d 816 (Supreme Court of Alabama, 2007)
State Farm Fire & Cas. Co. v. Middleton
65 F. Supp. 2d 1240 (M.D. Alabama, 1999)
Safeway Ins. Co. v. Amerisure Ins. Co.
707 So. 2d 218 (Supreme Court of Alabama, 1997)
State Farm Fire & Casualty Co. v. Sexton & Sexton, Inc.
985 F. Supp. 1336 (M.D. Alabama, 1997)
Landmark American Ins. v. Alabama Ambulance Service, Inc.
974 F. Supp. 1422 (M.D. Alabama, 1997)
Stump v. State Farm Mutual Automobile Insurance Co.
564 A.2d 194 (Supreme Court of Pennsylvania, 1989)
Travelers Ins. Co., Inc. v. Jones
529 So. 2d 234 (Supreme Court of Alabama, 1988)
Lipscomb v. Reed
514 So. 2d 949 (Supreme Court of Alabama, 1987)
Sullivan v. State Farm Mut. Auto. Ins.
513 So. 2d 992 (Supreme Court of Alabama, 1987)
White v. Georgia Cas. and Sur. Ins. Co.
520 So. 2d 140 (Supreme Court of Alabama, 1987)
Hines v. Home Ins. Co.
495 So. 2d 682 (Court of Civil Appeals of Alabama, 1986)
Lampliter Dinner Theater, Inc. v. Liberty Mutual Insurace
792 F.2d 1036 (Eleventh Circuit, 1986)
State Farm Mutual Automobile Insurance Company v. Jackson
757 F.2d 1220 (Eleventh Circuit, 1985)
State Farm Mutual Automobile Insurance v. Jackson
757 F.2d 1220 (Eleventh Circuit, 1985)
State Farm Mut. Auto. Ins. Co. v. Jackson
462 So. 2d 346 (Supreme Court of Alabama, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
352 So. 2d 1097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/billups-v-ala-farm-bur-mut-cas-ins-co-ala-1977.