Dave Ostrem Imports, Inc. v. Globe American Casualty/GRE Insurance Group

586 N.W.2d 366, 1998 Iowa Sup. LEXIS 269, 1998 WL 820245
CourtSupreme Court of Iowa
DecidedNovember 25, 1998
DocketNo. 97-316
StatusPublished
Cited by6 cases

This text of 586 N.W.2d 366 (Dave Ostrem Imports, Inc. v. Globe American Casualty/GRE Insurance Group) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dave Ostrem Imports, Inc. v. Globe American Casualty/GRE Insurance Group, 586 N.W.2d 366, 1998 Iowa Sup. LEXIS 269, 1998 WL 820245 (iowa 1998).

Opinion

CARTER, Justice.

Defendant, Globe American Casualty/GRE Insurance Group (Globe), is a liability insurance carrier that certified its contract with a suspended driver, Cari Knock, as proof of Knock’s financial responsibility pursuant to Iowa Code section 321A.18(1) (1995). Globe is appealing a judgment against it in a direct action proceeding by plaintiff, Dave Ostrem Imports, Inc. (Ostrem). The judgment against Globe was based on a default judgment that Ostrem had obtained against Knock in a proceeding of which Globe had no notice or opportunity to defend. Globe urges that it is a violation of due process to apply Iowa Code section 321A.21(6)(a) so as to void its policy defense that its insured failed to provide it with notice of Ostrem’s claim. For reasons that we discuss below, we affirm the judgment of the district court.

In June 1995 a vehicle owned by Ostrem was struck by a vehicle owned by David Morse and driven with Morse’s consent by Knock. At the time of the accident, Knock had a policy of liability insurance issued by Globe and certified by Globe as proof of Knock’s financial responsibility pursuant to Iowa Code section 321A.18(1). The policy included a provision requiring the insured to notify Globe of any accident triggering coverage and to promptly forward to Globe any suit papers that the insured might receive. The policy provided that a failure to do this would be a basis for denying coverage.

In October 1995 Ostrem commenced an action against Knock and Morse to recover for damage to his motor vehicle. Although proper service was obtained against both defendants, neither appeared to defend against the claim. A default judgment was entered against both Knock and Morse in the amount of $16,270.46 for property damage suffered by Ostrem as a result of the accident. Os-trem, who has been unable to satisfy the judgment against Knock and Morse, brought the present direct-action claim against Globe pursuant to Iowa Code section 516.1, alleging that an execution against Globe’s insured, Knock, had been returned unsatisfied.

Globe’s answer contained an affirmative defense, asserting that Knock’s coverage was voided as a result of her failure to give Globe notice of Ostrem’s legal action. Ostrem subsequently moved for summary judgment, asserting that Globe was absolutely liable as a certifier of financial responsibility pursuant to Iowa Code section 321 A. 18(1). It urged that under section 321A.21(6)(a) policy violations may not be allowed to defeat the coverage otherwise provided. In its resistance to the motion for summary judgment, Globe asserted that, if section 321A.21(6)(a) permitted the imposition of liability upon an insurer that has not been given notice of the action and an opportunity to be heard, this would amount to a violation of due process of law in violation of the Fourteenth Amendment to the United States Constitution and article I, section 9 of the Iowa Constitution.

The district court granted Ostrem’s motion for summary judgment. The court determined that Globe was bound to take notice of the absolute obligation created by its certification of Knock’s financial responsibility as the result of section 321A.21(6)(a). The court held that it was not a violation of due process to require that the liability coverage certified as proof of financial responsibility not be subject to exclusions based on the conduct of the insured. The court entered a judgment against Globe for the policy limits of $15,000.

I. Statutory Interpretation.

The statute upon which the district court relied to preclude the application of Globe’s policy defenses reads as follows:

Every motor vehicle liability policy [certified as proof of financial responsibility] shall be subject to the following provisions which need not be contained therein:
a. The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by said motor vehicle liability policy occurs; said policy [368]*368may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on the insured’s behalf and no violation of said policy shall defeat or void said policy.

Iowa Code § 321A.21(6)(a). In a leading-treatise on insurance, the author states:

[T]he word “absolute,” as used in a motor vehicle responsibility act providing that the liability of the insurer under the policy shall become absolute upon occurrence of the accident, means that there shall be no defenses to liability of the insurer based upon any statement made by, or on behalf of, the insured or upon exclusions, conditions, terms, or language contained in the policy.

7 Lee R. Russ & Thomas F. Segalla, Couch on Insurance § 104:45 (3d ed.1996).

In interpreting those provisions in financial responsibility statutes that limit policy defenses available to an insurer, courts have been cognizant of the fact that these statutes are designed to preclude a lessening of, the protection intended to be afforded the motoring public by such laws. As one federal court has stated:

Where the insurer, by its certificate, induces the issuance of an unrestricted driver’s license, it should be and is required to respond in damages for the insured’s operation of any motor vehicle irrespective of ownership and irrespective of any conduct of the insured.

Inland Mut. Ins. Co. v. Stallings, 263 F.2d 852, 857 (4th Cir.1959) (applying Maryland law). Another federal court stated the matter as follows:

An exception to the general rule [that the injured party is subject to exclusions in the tortfeasor’s liability policy] has been made in situations where the insurance policy was issued to satisfy the requirements of a statute having as its purpose the protection of the public. Under such circumstances the beneficial purpose of compulsory insurance would be thwarted in the event the insurer be permitted technical defenses under the policy relating to conditions wholly outside the ability of the injured person to secure performance of.

Royal Indem. Co. v. Olmstead, 193 F.2d 451, 453 (9th Cir.1951) (applying California law).

We agree with the views expressed by the treatise writer and the federal court decisions that we have noted. It is the clearly expressed purpose of statutes like section 321A.21(6)(a) to preclude a lessening of the protection to the motoring public that financial responsibility laws are intended to provide. Other decisions that agree with this conclusion include National Indemnity Co. v. Simmons, 230 Md. 234, 186 A.2d 595, 600 (Md.1962), and Swain v. Nationwide Mutual Insurance Co., 253 N.C. 120, 116 S.E.2d 482, 486-87 (N.C.1960).

II. The Due Process Challenge.

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Bluebook (online)
586 N.W.2d 366, 1998 Iowa Sup. LEXIS 269, 1998 WL 820245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dave-ostrem-imports-inc-v-globe-american-casualtygre-insurance-group-iowa-1998.