Boarman v. Grange Indemnity Insurance Co.

437 S.W.3d 748, 2014 Ky. App. LEXIS 125, 2014 WL 3537036
CourtCourt of Appeals of Kentucky
DecidedJuly 18, 2014
DocketNo. 2012-CA-002199-MR
StatusPublished

This text of 437 S.W.3d 748 (Boarman v. Grange Indemnity Insurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boarman v. Grange Indemnity Insurance Co., 437 S.W.3d 748, 2014 Ky. App. LEXIS 125, 2014 WL 3537036 (Ky. Ct. App. 2014).

Opinion

OPINION

VANMETER, Judge:

Darryl K. Boarman appeals from the order of the Daviess Circuit Court titled “Amended Findings, Conclusions, Judgment” which held Boarman waived his statutory right to uninsured motorist (“UM”) benefits and thus could not recover such benefits under his car insurance policy with Grange Indemnity Insurance Company (“Grange”). For the following reasons, we reverse and remand.

Boarman was involved in an automobile accident on December 13, 2009, when another driver, Amanda Poole, ran a red light and crashed into Boarman’s Jeep Grand Cherokee. Boarman sustained permanent injuries, including torn ligaments in his shoulder, which required surgery. Poole and the vehicle she drove during the accident were uninsured. Boarman filed a civil action against Poole for his injuries, and a judgment was entered against Poole, finding that her negligence was responsible for Boarman’s injuries. Boarman was awarded $91,252.24 for damages sustained during the accident. However, the judgment has not been collected since Poole was uninsured and cannot be located.

Boarman, however, was insured at the time of the accident. Boarman’s wife, Tonya, purchased an insurance policy with Grange in November 2009, listing both herself and Boarman as named insureds for the couple’s 2002 Jeep Grand Cherokee. Boarman made a claim for UM benefits under his policy with Grange, but Grange refused to pay any UM benefits on grounds that Tonya had rejected such coverage in writing.

Boarman testified that when Tonya went to apply for the new policy with Grange, he asked her to acquire the same type of coverage they had with their previous insurer, State Farm. The Boarmans’ policy with State Farm included UM coverage with policy limits of $50,000/$100,000. When Tonya purchased the policy on the couple’s behalf, she signed a document entitled “Kentucky Passport Application” waiving the insured’s statutory right to UM benefits. The document waiving UM benefits contained two signature lines, one for an “Applicant Signature” and another for a “Co-Applicant Signature.” Tonya signed the “Applicant Signature” line, but the “Co-Applicant Signature” line was never signed. Boarman received and reviewed the policy and paid the premiums that did not include the cost of UM benefits.

Boarman filed suit against Grange to recover UM benefits to which he believed he was statutorily entitled. Grange claimed that Tonya had acted as Boar-man’s agent in acquiring the policy and rejecting UM coverage. The trial court granted Grange’s motion for summary judgment, finding that Tonya acted as Boarman’s agent and rejected UM benefit coverage on Boarman’s behalf when she applied for the policy and signed the UM coverage waiver. This appeal follows.

Boarman makes two arguments on appeal: (1) the trial court misinterpreted KRS1 304.20-020 by holding that Boarman did not have to personally reject his right [751]*751to statutory UM benefits; and (2) his wife was not acting as his agent when she signed the UM benefits waiver, nor did he ratify her alleged rejection of his UM coverage.

CR2 56.08 provides that summary judgment is appropriate when no genuine issue of material fact exists and the moving party is therefore entitled to judgment as a matter of law. Summary judgment may be granted when “as a matter of law, it appears that it would be impossible for the respondent to produce evidence at the trial warranting a judgment in his favor and against the movant.” Steelvest, Inc. v. Scansteel Serv. Ctr., 807 S.W.2d 476, 488 (Ky.1991) (internal quotations omitted). Whether summary judgment is appropriate is a legal question involving no factual findings, so a trial court’s grant of summary judgment is reviewed de novo. Coomer v. CSX Transp., Inc., 319 S.W.3d 366, 370-71 (Ky.2010). Further, “[t]he construction and application of statutes is a matter of law and may be reviewed de novo.” Bob Hook Chevrolet Isuzu, Inc. v. Commonwealth of Ky. Transp. Cabinet, 983 S.W.2d 488, 490 (Ky. 1998).

Boarman first argues that the trial court misinterpreted KRS 304.20-020(1), which states:

(1) No automobile liability or motor vehicle liability policy of insurance insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance or use of a motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto, in limits for bodily injury or death set forth in KRS 304.39-110 under provisions approved by the commissioner, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom; provided that the named insured shall have the right to reject in writing such coverage; and provided further that, unless the named insured requests such coverage in writing, such coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to him or her by the same insurer.

(emphasis added). Boarman contends that the language “the named insured” indicates legislative intent to require each named insured to personally reject UM coverage in writing. Grange argues that the legislature could not have intended to force “all” named insureds to individually reject UM coverage. The trial court decided that the language of the statute was of less importance than the legislature’s intent, which the trial court determined could not have been to require all named insureds to individually reject UM coverage.

Kentucky courts have not addressed this issue, but each party cites various other state court decisions involving similar UM coverage rejection statutes. The other jurisdictions cited are split as to whether each named insured must personally reject UM benefits or if the named insured purchasing the auto insurance policy may make the decision for all parties covered thereunder. In this case, we believe the trial court overlooked the plain, unambiguous language of the statute in favor of an [752]*752interpretation which would be less burdensome to insurance companies and insurance transactions, and we must therefore disagree with the trial court’s determination.

The foremost principle of statutory construction is that when a statutory term is plain and unambiguous the courts must apply the statute as written. Smith-Kline Beecham Corp. v. Revenue Cabinet, 40 S.W.3d 883, 885 (Ky.App.2001). “[Statutes must be given a literal interpretation unless they are ambiguous and if the words are not ambiguous, no statutory construction is required.” Commonwealth v. Plowman,

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Related

Steelvest, Inc. v. Scansteel Service Center, Inc.
807 S.W.2d 476 (Kentucky Supreme Court, 1991)
Coomer v. CSX Transportation, Inc.
319 S.W.3d 366 (Kentucky Supreme Court, 2010)
Swartzbaugh v. Encompass Insurance Co. of America
42 A.3d 587 (Court of Appeals of Maryland, 2012)
SmithKline Beecham Corp. v. Revenue Cabinet
40 S.W.3d 883 (Court of Appeals of Kentucky, 2001)
Commonwealth v. Plowman
86 S.W.3d 47 (Kentucky Supreme Court, 2002)
Overnite Transportation Co. v. Gaddis
793 S.W.2d 129 (Court of Appeals of Kentucky, 1990)
Duke v. Evans
104 So. 3d 464 (Louisiana Court of Appeal, 2012)
Nationwide Mutual Insurance v. Pasion
594 A.2d 468 (Supreme Court of Connecticut, 1991)

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Bluebook (online)
437 S.W.3d 748, 2014 Ky. App. LEXIS 125, 2014 WL 3537036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boarman-v-grange-indemnity-insurance-co-kyctapp-2014.