Clampit v. State Farm Mutual Automobile Insurance

828 S.W.2d 593, 309 Ark. 107, 1992 Ark. LEXIS 253
CourtSupreme Court of Arkansas
DecidedApril 6, 1992
Docket91-285
StatusPublished
Cited by28 cases

This text of 828 S.W.2d 593 (Clampit v. State Farm Mutual Automobile Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clampit v. State Farm Mutual Automobile Insurance, 828 S.W.2d 593, 309 Ark. 107, 1992 Ark. LEXIS 253 (Ark. 1992).

Opinions

Steele Hays, Justice.

This dispute over insurance coverage arises from a motor vehicle collision between members of the Clampit family and an underinsured motorist. The question is whether a provision of the Clampits’ insurance policy excluding a vehicle owned by the Clampits but not insured under that policy violates either Ark. Code Ann. § 23-89-209 (1987) or the public policy of this state. The trial court held the exclusion valid and unambiguous. We affirm.

James Clampit and Jo Carolyn Clampit, his wife, owned two motor vehicles — a 1989 Pontiac automobile and a 1989 Dodge truck. Both vehicles were insured under separate insurance policies issued by State Farm Mutual Automobile Insurance Company. In August 1990 the Clampits and their daughter, Jamie Jo, were killed in a collision involving their 1989 Pontiac. The other motorist was underinsured.

The two Clampit policies provided underinsured motorist coverage and each policy had an “owned-but-not-insured” exclusion which precluded recovery under the respective policy for accidents in a vehicle owned by the named insured but not insured under that particular policy.

Appellants, as personal representatives of the Clampits, brought this action for wrongful deaths against the underinsured motorist and joined State Farm as a defendant, seeking to recover the limits of the underinsured motorist benefits under both State Farm policies. State Farm paid its limits under the policy issued on the Pontiac, but refused to pay any sum under the other policy covering the Dodge truck, citing the owned-but-not-insured exclusion.

State Farm moved for summary judgment based on its policy exclusion. Appellants responded asserting the exclusion was contrary to the underinsured motorist statute, Ark. Code Ann. § 23-89-209 (1987), and contrary to public policy. The trial court upheld the exclusion and granted summary judgment to State Farm. Subsequently, appellants reached a settlement with the tortfeasor and the trial court entered a final order in the case. Appellants appeal from the summary judgment.

The exclusion at issue reads as follows:

Exclusions for Underinsured
Motor Vehicle Coverage:
There is no coverage for bodily injury to an insured while occupying a motor vehicle owned by you, your spouse or any relative if it is not insured for this coverage under this policy.

In Crawford v. Emasco Ins. Co., 294 Ark. 569, 745 S.W.2d 132 (1988), we upheld a similar exclusion in uninsured motorist coverage. Only one policy was involved in Crawford and the exclusion resulted in no coverage for the insureds. We acknowledge that our holding in Crawford was a minority position, but we cited an earlier decision validating this exclusion, Holcomb v. Farmers Insurance Exchange, 254 Ark. 514, 495 S.W.2d 155 (1973), and a subsequent refusal to reconsider that view in Lucky v. Equity Mutual Insurance Co., 259 Ark. 846, 537 S.W.2d 160 (1976). We noted that the appellants in Crawford had advanced the same arguments rejected in Holcomb, and that the minority rule had gained wider acceptance following Holcomb. We thought our position sound, citing the reasoning in Dullenty v. Rocky Mountain Fire & Casualty Co., 111 Idaho 98, 721 P.2d 198 (1986), overruled on other grounds, Colonial Penn Franklin Insurance Co. v. Welch, 811 P.2d 838 (Idaho 1991):

If an insurer is required to insure against a risk of an undesignated but owned vehicle, or a different and more dangerous vehicle of which it has no knowledge, it is thereby required to insure against risks of which it is unaware, unable to underwrite and unable to charge a premium therefor.

■ Appellants in this case suggest alternative reasons why we should change our position in Crawford: first, the exclusion is for underi nsured coverage rather than ««insured coverage and, second, the minority position has lost ground since Crawford was decided. We find these arguments unpersuasive.

We concede the distinction between ««insured and underinsured coverage. Uninsured motorist coverage applies when a tortfeasor either has no insurance or has less than the amount required by law. Coverage is designed to guarantee a minimum recovery equal to that amount. Underi nsured coverage applies when the tortfeasor has at least the amount of insurance required by law, but not enough to fully compensate the victim. This coverage is designed to provide compensation to the extent of the injury, subject to the policy limit. See Kluiter v. State Farm Mutual Automobile Insurance, 417 N.W.2d 74 (Iowa 1987).1

Conceiveably, there are situations where the difference between uninsured and underinsured motorist coverage could affect recovery, but we fail to see how the distinction would change the result in Crawford, nor does appellant suggest how it would. The reasoning in Crawford was not concerned with the amount or extent of coverage, but with whether any coverage existed under the facts and the express exclusion in that case. See .discussion on this point, infra.

In Kluiter v. State, supra, the Iowa Supreme Court addressed the question of underinsurance in a case factually similar to the case at bar. The insured had four policies with the defendant insurance company, each policy covering a different vehicle owned by the insured, and each policy containing an owned-but-not insured clause. None of the four vehicles were covered under any but its own policy. The insured collided with an underinsured driver and the insurance company paid the insured the policy limits for the vehicle involved in the collision. Claims by the insured under the other policies were refused because the other policies expressly excluded other vehicles owned by the insured and the vehicle involved in the collision was not covered under the other policies. The court in Kluiter held the exclusions valid, relying on earlier cases interpreting uninsured exclusions, and drawing no distinction between uninsured and underinsured motorist coverage.

The dissenting opinion characterizes the Kluiter case as upholding the exclusionary clause “on the sole basis of an Iowa statute. . . .” We believe that is a misconception of the opinion. While Iowa does have a statute which authorizes such exclusions, that was not the basis for the decision. The statutory authorization was merely a threshold observation and not part of the court’s analysis. Rather, the Kluiter court looked at whether the exclusion was within that authorization, and then to whether it was violative of it or the public policy it reflected. In fact, the opinion points out previous Iowa cases where other exclusions were considered but found to be invalid because they were violative of the statute and public policy.

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Bluebook (online)
828 S.W.2d 593, 309 Ark. 107, 1992 Ark. LEXIS 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clampit-v-state-farm-mutual-automobile-insurance-ark-1992.