Bryan v. USAA Casualty Insurance Co.

673 So. 2d 72, 1996 Fla. App. LEXIS 3326, 1996 WL 148078
CourtDistrict Court of Appeal of Florida
DecidedApril 3, 1996
DocketNo. 95-1675
StatusPublished
Cited by1 cases

This text of 673 So. 2d 72 (Bryan v. USAA Casualty Insurance Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bryan v. USAA Casualty Insurance Co., 673 So. 2d 72, 1996 Fla. App. LEXIS 3326, 1996 WL 148078 (Fla. Ct. App. 1996).

Opinion

PARIENTE, Judge.

Appellants (plaintiffs) appeal from a final summary judgment which denied them uninsured motorist benefits under two separate policies written by appellee USAA Casualty Insurance Company (USAA) and appellee United Southern Assurance Company (USAC). We reverse because the express terms of both policies provide uninsured motorist coverage to plaintiffs with no exclusion for injuries suffered while occupying an owned and unlisted vehicle.

FACTS

Plaintiffs are husband and wife who resided together in Damascus, Virginia. Plaintiff [74]*74Jeanenne Bryan was the named insured on a family automobile policy written on a vehicle owned by her and garaged in Virginia. That policy was issued by USAA and delivered in Virginia. Plaintiff Charles Bryan owned a Kenworth tractor which, according to the Bryans, was leased to Digby Truck Line, Inc. (Digby). Digby was a named insured on a commercial trucker’s policy issued by USAC. While driving his Kenworth tractor in Bro-ward County, Florida, Charles Bryan sustained severe bodily injuries as the result of an automobile accident involving an uninsured motorist.

THE USAA POLICY

We first address the USAA policy under which Charles Bryan, as the spouse of Jeanenne Bryan, was a Class I insured under the express terms of the policy. The policy expressly defines “named insured” as including the spouse, if a resident of the same household. The USAA policy also contains an “Uninsured Motorists (Virginia)” endorsement which provides that USAA would pay in accordance with Virginia law:

[A]ll sums which the insured or his legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle because of bodily injury sustained by the insured or property damage, caused by accident and arising out of the ownership, maintenance or use of such uninsured motorist vehicle.

Although the main policy contains an exclusion for injuries received while occupying an owned vehicle not insured under the policy, the Virginia uninsured motorist endorsement contains no such exclusion and specifically provides that “none of the ... Exclusions ... of the policy shall apply to the insurance afforded by this endorsement.” The endorsement also provides that “this endorsement replaces any other provisions of the policy” affording similar insurance.

By the very terms of the uninsured motorist endorsement contained in the policy, the Bryans are entitled to uninsured motorist coverage even though the vehicle occupied by Mr. Bryan was not insured under the policy. This policy, issued in Virginia to a Virginia resident, should be construed in accordance with Virginia law under the lex loci contractus rule. See Lumbermens Mut. Casualty Co. v. August, 530 So.2d 293 (Fla.1988). Affording-the Bryans uninsured motorist coverage under the express terms of their policy is in conformity with Virginia statutory law1 and with Virginia decisional law. Virginia’s highest court has held that:

[T]he legislature, in enacting the uninsured motorist statute, intended to create two classes of insured persons, with different benefits accruing to each class. The first class includes the named insured and, while resident of the same household, the spouse of any such named insured, and relatives of either. A member of this class is protected, ‘while in a motor vehicle or otherwise.’

Insurance Co. of North America v. Perry, 204 Va. 833, 134 S.E.2d 418, 420 (1964). In Allstate Ins. Co. v. Meeks, 207 Va. 897, 153 S.E.2d 222, 222 (1967), the Virginia Supreme Court addressed “the narrow issue whether the benefits under an uninsured motorist provision in a liability policy issued to a named insured on one motor vehicle owned by him extend to the named insured while he is operating another motor vehicle owned by him and not covered in such liability policy.” The Virginia Supreme Court held that coverage did extend to the named insured who was “a member of the First class under the [uninsured motorist] statute.” Id. 153 S.E.2d at 224.

[75]*75In this case, Mr. Bryan, like Mr. Meeks, was injured while operating a vehicle owned by him and on which no liability insurance policy had been issued. Mr. Bryan, who as the spouse of Mrs. Bryan was a “member of the First class,” is likewise entitled to uninsured motorist coverage.

In denying coverage, USAA argues that it should not be required to pay uninsured motorist benefits when no additional premium was paid to cover Mr. Bryan’s Kenworth tractor. This argument is devoid of merit because it is undisputed that a premium was paid for the policy and neither the terms of the policy nor Virginia law requires that the vehicle be listed and the premium increased to afford uninsured motorist coverage to a Class I insured.

Affording uninsured motorist coverage to Mr. Bryan in accordance with the policy issued by USAA and in conformity with Virginia law does not offend Florida public policy or conflict with Florida case law. See Government Employees Ins. Co. v. Douglas, 654 So.2d 118, 120 (Fla.1995). By virtue of section 627.727(9)(d), Florida Statutes (1995), an insurer writing a Florida insurance policy may exclude coverage for uninsured motorist coverage under circumstances such as these provided that the insurer complies with the requirement of notice to the insured, obtains a knowing acceptance of the limited coverage, and files revised, decreased premium rates for such policies. Douglas, 654 So.2d at 120. No such compliance occurred here, even assuming Florida law applied.

Because the express terms of the USAA policy provide coverage for uninsured motorist coverage in conformity with Virginia law, we reverse the entry of summary judgment for USAA and remand with directions to enter judgment for plaintiffs on the issue of their entitlement to uninsured motorist coverage under the USAA policy.

THE USAC POLICY

On the issue of entitlement to uninsured motorist benefits under the USAC policy, plaintiffs argue that Mr. Bryan was covered because at the time of the accident he was occupying his tractor which was leased to Digby. USAC counters that because Mr. Bryan was not a listed lessor under the policy for whom a separate premium was paid, he cannot be covered by its policy.

The parties stipulate that Colorado law applies to the policy’s interpretation. The courts of that state have held that “[a]nalysis of an insurance contract begins with the intent of the parties as expressed in the plain language of the policy. The terms are to be construed as they would be understood by a person of ordinary intelligence.” General Ins. Co. of America v. Smith, 874 P.2d 412, 414 (Colo.Ct.App.1993) (citing Simon v. Shelter Gen. Ins., 842 P.2d 236 (Colo.1992)); see Union Ins. Co. v. Houtz, 883 P.2d 1057 (Colo.1994). “[A] court cannot rewrite an unambiguous policy or limit its effect by a strained construction.” General Ins., 874 P.2d at 414.

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673 So. 2d 72, 1996 Fla. App. LEXIS 3326, 1996 WL 148078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryan-v-usaa-casualty-insurance-co-fladistctapp-1996.