Curley v. Old Reliable Casualty Co.

155 S.W.3d 711, 85 Ark. App. 395, 2004 Ark. App. LEXIS 218
CourtCourt of Appeals of Arkansas
DecidedMarch 24, 2004
DocketCA 03-129
StatusPublished
Cited by19 cases

This text of 155 S.W.3d 711 (Curley v. Old Reliable Casualty Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Curley v. Old Reliable Casualty Co., 155 S.W.3d 711, 85 Ark. App. 395, 2004 Ark. App. LEXIS 218 (Ark. Ct. App. 2004).

Opinion

John Robbins, Judge.

Appellant Bobby Curley appeals the entry of summary judgment against him on his claim on a casualty insurance policy covering appellant’s home in El Dorado, Arkansas, issued by appellee Old Reliable Casualty Company. It is undisputed that on January 29, 2000, appellant’s home was covered by the policy, and there was a significant snow storm in El Dorado. On the night of January 29, the walls of appellant’s house buckled outward, and the roof slowly collapsed. Appellant filed a claim on the policy asserting that appellee owed the $30,000 limits of the coverage for his damaged house and contents. Appellee denied the claim; appellant filed suit; appellee filed for summary judgment; and the trial court granted judgment as a matter of law to appellee. The trial judge concluded that the relevant policy provision covering damage due to explosion was not ambiguous, and that the damage to appellant’s house following the snow storm did not fit the definition of “explosion” under the policy. This appeal resulted. The sole issue on appeal is whether summary judgment was appropriate. We hold that it was and affirm the trial court’s ruling.

We have ceased referring to summary judgment as a drastic remedy. Flentje v. First Nat’l Bank of Wynne, 340 Ark. 563, 11 S.W.3d 531 (2000). We now regard it simply as one of the tools in a trial court’s efficiency arsenal. Id. The moving party always bears the burden of sustaining a motion for summary judgment. Renfro v. Adkins, 323 Ark. 288, 295, 914 S.W.2d 306, 309-10 (1996). All proof must be viewed in the light most favorable to the resisting party, and any doubts must be resolved against the moving party. Id. Once the moving party makes a prima facie showing that it is entitled to summary judgment, the opponent must meet proof with proof by showing a material issue of fact. Mount Olive Water Ass’n v. City of Fayetteville, 313 Ark. 606, 856 S.W.2d 864 (1993). The moving party is entitled to summary judgment if the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Ark. R. Civ. P. 56 (2003); Robert D. Holloway, Inc. v. Pine Ridge Add’n Resid. Prop. Owners, 332 Ark. 450, 453, 966 S.W.2d 241, 243 (1998) (citing McCutchen v. Huckabee, 328 Ark. 202, 943 S.W.2d 225 (1997)).

In reviewing an insurance policy, when the terms of the policy are clear, the language in the policy controls. Columbia Mut. Ins. Co. v. Home Mut. Fire Ins. Co., 74 Ark. App. 166, 47 S.W.3d 909 (2001). If a policy provision is unambiguous, and only one reasonable interpretation is possible, the court will give effect to the plain language of the policy without resorting to rules of construction; it is the duty of the courts to give effect to the plain wording of the policy. Smith v. Southern Farm Bureau Cas. Ins. Co., 353 Ark. 188, 114 S.W.3d 205 (2003). A policy will not be interpreted to bind the insurer to a risk that it plainly excluded and for which it was not paid. First Financial Ins. Co. v. National Indem. Co., 49 Ark. App. 115, 898 S.W.2d 63 (1995). If, however, the policy language is ambiguous, and thus susceptible to more than one reasonable interpretation, the policy will be construed liberally in favor of the insured and strictly against the insurer. See Smith v. Southern Farm Bureau, supra. The language of an insurance policy is to be construed in its plain, ordinary, and popular sense. Id. The fact that a term is not defined in a policy does not automatically render it ambiguous. Id. As a guideline of contract interpretation, the different clauses of a contract must be read together and the contract should be construed so that all parts harmonize. Id.

The issue presented to the trial judge was whether the policy provision was ambiguous. Language is ambiguous if there is doubt or uncertainty as to its meaning, and it is fairly susceptible to more than one reasonable interpretation. Gawrieh v. Scottsdale Ins. Co., 83 Ark. App. 59, 117 S.W.3d 634 (2003); Continental Cas. Co. v. Davidson, 250 Ark. 35, 463 S.W.2d 652 (1971). Ordinarily, the question of whether the language of an insurance policy is ambiguous is one of law to be resolved by the court. Elam v. First Unum Life Ins. Co., 346 Ark. 291, 57 S.W.3d 165 (2001). Where there is a dispute as to the meaning of a contract term or provision, the trial court must initially perform the role of gatekeeper, determining first whether the dispute may be resolved by looking solely to the contract or whether the parties rely on disputed extrinsic evidence to support their proposed interpretation. Nichols v. Farmers Ins. Co., 83 Ark. App. 324, 128 S.W.3d 1 (2003). The construction and legal effect of written contracts are matters to be determined by the court, not by the jury, except when the meaning of the language depends upon disputed extrinsic evidence. Id.

With, these rules of law and the standard of review in mind, we examine the undisputed facts. In late January 2000, Arkansas experienced an unusually heavy snow and ice storm. The storm affected El Dorado, depositing approximately eighteen inches of snow on the area. Appellant and his wife were at home in El Dorado on the night of January 29, 2000, and appellant claimed that he could hear loud thumping noises at around 10:00 p.m. Thereafter, appellant observed the walls buckling outward. Appellant and his wife left the residence for the night. Appellant said that slowly, over time, the roof caved inward. A claim was filed.

The claims adjuster denied the claim because he determined that the policy did not cover damage due to accumulation of snow. Appellant filed a complaint in Union County Circuit Court for the policy limits, the statutory penalty, interest, and attorney fees. Appellant and his wife were deposed, and in their testimonies, they claimed that the weight of the snow and ice was more than the roof could bear. Appellant believed that the damages to the house qualified as a covered “explosion.” Appellant alternatively claimed that his damages were caused by a covered “windstorm” or “hail” as described in the policy, but those alternative bases to claim coverage were eventually abandoned.

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Bluebook (online)
155 S.W.3d 711, 85 Ark. App. 395, 2004 Ark. App. LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curley-v-old-reliable-casualty-co-arkctapp-2004.