Bruton v. Shelter Mutual Insurance

748 S.W.2d 379, 1988 Mo. App. LEXIS 139, 1988 WL 7236
CourtMissouri Court of Appeals
DecidedFebruary 5, 1988
DocketNo. 15103
StatusPublished
Cited by2 cases

This text of 748 S.W.2d 379 (Bruton v. Shelter Mutual Insurance) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bruton v. Shelter Mutual Insurance, 748 S.W.2d 379, 1988 Mo. App. LEXIS 139, 1988 WL 7236 (Mo. Ct. App. 1988).

Opinion

CROW, Chief Judge.

Louie Dwayne Bruton (“Bruton”) and Farm Bureau Town and Country Insurance Company of Missouri (“Farm Bureau”) brought this declaratory judgment action seeking, among other things, a determination that a policy of insurance issued by Shelter Mutual Insurance Company (“Shelter”) provided coverage for Bruton “in any action arising out of the accident ... on December 2, 1983 involving ... Billy Jackson Grabeel....” Named as a defendant (in addition to Shelter) was Joy Ann Gra-beel, personal representative of the estate of Billy Jackson Grabeel.1

The trial court heard the cause without a jury and thereafter on December 24, 1986, filed an extensive memorandum of factual findings and legal conclusions. On January 12, 1987, the trial court entered a “Judgment and Decree” in which appeared fewer findings of fact and conclusions of law. The judgment provided, among other things,' that Shelter’s policy “does provide insurance coverage ... as to collision cov[380]*380erage and as to the liability of ... Bruton arising out of the accident ... on December 2, 1983....”

Shelter appeals, briefing three assignments of error. A conspectus of the pertinent facts is essential in understanding the issues. The facts we narrate are among those found by the trial court in its memorandum of December 24, 1986. All are supported by substantial evidence.

The saga began in 1979 when Jerry Dan Pratt (“Jerry”), a resident of Rogers, Arkansas, and his wife, Evangeline, purchased a 1969 Chevrolet Camaro, obtaining an Arkansas certificate of title in the names “Jerry and/or Evangeline Pratt.”

The next relevant event occurred in the summer of 1983. At that time, Jerry was engaged in the automobile repair business in Rogers under the name “Auto Clinic of Rogers, Incorporated.” He and Evangeline decided to transfer title to the Camaro to the corporation. They filled in and signed the assignment form on the back of the certificate of title, but did not immediately send it to Arkansas authorities for the issuance of a new certificate of title to the corporation because their license tags were not due to expire until May, 1984.

Bruton, a Missouri resident employed as a salesman by a firm in Golden, Missouri, was making regular sales visits at Jerry’s place of business. In late October or early November, 1983, Bruton commenced discussions with Jerry about purchasing the Camaro. They eventually agreed on a price of $6,700.

On Wednesday, November 23, 1983, in Rogers, Bruton gave Jerry a $6,700 check. Jerry told Bruton it would be necessary to send the title certificate to Arkansas authorities to obtain a certificate of title in the name of the corporation. When the new certificate of title was received, Jerry would assign it to Bruton. Jerry also agreed to repair any defects in the Camaro.

The Camaro, at that time, was identified as the insured vehicle in an automobile insurance policy issued by Shelter. The named insureds were “Jerry and/or Evangelina Pratt.”2 The policy, which was due to expire December 16, 1983, provided collision coverage (with a deductible amount), bodily injury liability coverage with a limit of $25,000 per person, and property damage liability coverage with a limit of $25,000 per accident. Jerry told Bruton that if the Camaro were wrecked, Jerry’s insurance would take care of it.

Bruton took possession of the Camaro— on which were displayed license tags issued to Jerry and Evangeline — and drove it to his home in Missouri.

On Thursday, November 24,1983,3 or the following day, Jerry mailed the title certificate to the state agency in Little Rock that handles transfers of Arkansas motor vehicle titles. On November 25, Jerry deposited Bruton’s check in an account in a Rogers bank in the names of Jerry and Evangeline.

On Sunday, November 27, 1983, Bruton drove the Camaro back to Rogers and left it with Jerry for repairs. It remained there until Friday, December 2, 1983, when Bru-ton took possession and drove it back to Missouri. Later that day (December 2), while Bruton was driving the Camaro in Springfield, Missouri, it collided with a vehicle operated by Billy Jackson Grabeel. Grabeel sustained severe injuries. The Pratts’ license tags were still on the Cama-ro. The title certificate was in the hands of Arkansas authorities in Little Rock.

The day after the collision, Bruton informed Jerry about it by phone. Jerry, who had not yet told Shelter of the Camaro transaction, suggested it would be a good idea if there were a bill of sale. One was prepared that day (December 3) in Arkansas, backdated November 23, 1983. It recited that “Jerry D. or Evangeline Pratt do sell, transfer, and deliver” the Camaro to Bruton. It was signed by Jerry, alone, and was not “notarized.” The following day (Sunday, December 4, 1983), Jerry delivered the bill of sale to Bruton.

[381]*381Shifting our focus temporarily to the pleadings, we note that Bruton and Farm Bureau averred in their petition that prior to November 23, 1983, Farm Bureau had issued a policy of insurance to Bruton on another automobile, insuring him “for acts of liability” in the amount of $25,000 for personal injury and $10,000 for property damage, and providing “comprehensive and collision coverage.” The petition further alleged that Farm Bureau had paid Bruton $6,873, and was subrogated to Bruton’s interest “to the extent of said amount.” Shelter, in its answer, admitted those allegations.

The parties stipulated that on December 15, 1983, Farm Bureau issued a policy to Bruton identifying the Camaro as the insured vehicle and providing bodily injury liability coverage of $25,000 per person, property damage liability coverage of $10,-000 per accident, and comprehensive and collision coverage. The beginning date of the policy period, as shown on the declaration sheet, is “11-23-83.” The trial court held that by such policy Farm Bureau provides liability coverage for Bruton in regard to the accident of December 2, 1983. That ruling is unchallenged.

Returning now to the facts found by the trial court in its memorandum of December 24, 1986, we learn that several weeks after the accident Jerry received a certificate of title to the Camaro in the name of the corporation. He promptly assigned it (presumably as an official of the corporation)4 to Bruton, and Bruton picked it up in Rogers.

Bruton and Farm Bureau pled in their petition that Joy Ann Grabeel, in her representative capacity, had asserted a claim against them for the injuries sustained by Billy Jackson Grabeel, that Bruton and Farm Bureau might be adversely affected by such claim, and that consequently they requested a judicial declaration of the “obligations of the respective insurance companies” and a determination as to which company should defend Bruton against such claim. Joy Ann Grabeel and Shelter, in their separate answers, admitted those allegations.

Under a provision of Shelter’s policy captioned “PERSONS INSURED,”5 coverage was provided for any person using the Ca-maro within the scope of permission granted by Jerry or Evangeline. Mindful of that provision, the trial court, in its memorandum of December 24, 1986, stated:

“The issues ... concern whether ... the coverage of ... Shelter ... applies to the liability of ... Bruton arising out of the collision.

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Cite This Page — Counsel Stack

Bluebook (online)
748 S.W.2d 379, 1988 Mo. App. LEXIS 139, 1988 WL 7236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruton-v-shelter-mutual-insurance-moctapp-1988.