Drucker v. Greater Phoenix Transportation Co.

3 P.3d 961, 197 Ariz. 41, 302 Ariz. Adv. Rep. 15, 1999 Ariz. App. LEXIS 147
CourtCourt of Appeals of Arizona
DecidedAugust 26, 1999
DocketNo. 1 CA-CV 98-0502
StatusPublished
Cited by1 cases

This text of 3 P.3d 961 (Drucker v. Greater Phoenix Transportation Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Drucker v. Greater Phoenix Transportation Co., 3 P.3d 961, 197 Ariz. 41, 302 Ariz. Adv. Rep. 15, 1999 Ariz. App. LEXIS 147 (Ark. Ct. App. 1999).

Opinion

[42]*42OPINION

PATTERSON, Judge.

¶ 1 In this matter, we determine that Arizona’s Motor Carrier Financial Responsibility laws1 require uninsured motorist (UM) coverage in a specific amount for passenger transport vehicles for hire such as taxicabs. We find that it is the intent of the statute that the drivers of these vehicles receive this coverage, in addition to the passengers they are transporting, and that a policy endorsement excluding drivers from uninsured motorist coverage violates public policy and cannot be given effect.

FACTS AND PROCEDURAL HISTORY

¶2 On December 15, 1993, taxicab driver Naser Parsa was seriously injured by an uninsured negligent motorist while driving a taxicab owned by Greater Phoenix Transportation Co., Inc. (GPTC). Although GPTC did not employ him, Parsa was leasing the taxicab from GPTC.

¶ 3 At the time of Parsa’s accident, GPTC maintained an insurance policy with Continental American Insurance Company (Continental), which provided UM coverage in the amount of $300,000 on the taxicabs. The policy contained an added endorsement purporting to exclude UM and underinsured motorist (UIM) coverage for the drivers of the taxis, which provided as follows:

It is understood and agreed that uninsured/underinsured motorist coverage does not apply to the driver of any vehicle scheduled on the above policy, regardless of whether or not the driver is an employee or an independent contractor.

Purportedly, GPTC required its drivers to sign documents with provisions advising them that if they desired UM and UIM coverage, they were to obtain it on their own, but no copy of such an agreement signed by Parsa was produced.

¶4 Because Parsa’s injuries were caused by an uninsured motorist, he sought to recover UM benefits from GPTC and its insurer, Continental. However, his claims were rejected.

¶5 On July 16, 1996, Parsa, jointly with Plaintiff-Appellee, Steven Drucker, filed a declaratory judgment action, with Drucker suing GPTC and Parsa suing both GPTC and Continental. In addition to requesting rulings that they were entitled to coverage for their damages, both Drucker and Parsa also alleged claims for bad faith and punitive damages.

¶ 6 The court granted Parsa summary judgment against both GPTC and Continental on the issue of their obligation to provide UM coverage up to the statutory limit of $300,000, to cover damages Parsa may be found to have sustained. As for Parsa’s bad faith and punitive damages claims, the trial court granted summary judgment in favor of GPTC and Continental. Because some issues were still undecided, the court included language of finality pursuant to Rule 54(b) of the Arizona Rules of Civil Procedure to allow immediate appeal.

¶ 7 Both Continental and GPTC appeal from the Parsa judgment, arguing error in the trial court’s determination of the coverage issue. For the reasons that follow, we affirm the trial court’s determination of coverage.2

DISCUSSION

¶ 8 This appeal puts squarely into issue whether A.R.S. section 28-4033(A)(2) re[43]*43quires UM coverage for all occupants of passenger-carrying vehicles used to transport passengers for hire or whether the drivers of these vehicles are excluded. This is an issue of statutory interpretation, and we therefore review the trial court’s ruling de novo. Hawkins v. State, 183 Ariz. 100, 103, 900 P.2d 1236, 1239 (App.1995).

¶ 9 As this court noted in McCandless v. United Southern Assurance Co., 191 Ariz. 167, 170, 953 P.2d 911, 914 (App.1997), the statutes providing for “Motor Carrier Financial Responsibility” are “specifically directed to persons operating particular types of large vehicles [used] for commercial purposes.” One of the three groupings of commercial vehicles addressed in these statutes consists of “passenger-carrying motor vehicle[s] ... used to transport passengers for hire.” A.R.S. § 28-4032(B). Pursuant to section 28-4032(B), “[a] person who operates a passenger-carrying motor vehicle, bus or van used to transport passengers for hire, other than a car pool operator, shall comply with the financial responsibility requirements of this article.” The specific requirements to be met are set forth in A.R.S. section 28-4033, which provides in relevant part:

A. A person subject to the requirements of this article shall maintain motor vehicle combined single limit liability insurance as follows:
2. For the transportation of passengers:
(a) In a vehicle with a seating capacity of sixteen passengers or more, minimum coverage in the amount of five million dollars and uninsured motorist coverage in the amount of at least three hundred thousand dollars.
(b) In a vehicle with a seating capacity of less than sixteen passengers, minimum coverage in the amount of seven hundred fifty thousand dollars and uninsured motorist coverage in the amount of at least three hundred thousand dollars.
(c) In a motor vehicle that provides taxicab service, has a seating capacity of less than seven passengers and is not operated on a regular route, minimum coverage in the amount of three hundred thousand dollars and uninsured motorist coverage in the amount of at least three hundred thousand dollars.

¶ 10 In the recent case of Napier v. Bertram, 191 Ariz. 238, 241 ¶ 11, 954 P.2d 1389, 1392 ¶ 11 (1998), our supreme court observed that A.R.S. section 28-1233, now codified at A.R.S. section 28-4033, “evidences a legislative intent to both require UM coverage for taxi passengers and ensure greater protection ($300,000) than the minimum available to ordinary motorists.” Taking this language out of context, one might conclude that the court decided that only taxi passengers and not taxi drivers must be given UM coverage. However, the court was not presented with the issue of whether UM coverage would have been applicable to taxi drivers. Rather, Napier was a ease in which a taxi passenger was bringing suit against the taxi owner for negligence in failing to acquire the UM coverage mandated by statute. Id. at ¶4, 954 P.2d at ¶4. Therefore, the Napier holding simply does not speak to the particular issue that is raised in this ease — whether the legislature intended that drivers, in addition to passengers, have the benefit of UM coverage. This issue, then, is one of first impression for this court.

¶ 11 “The cardinal rule of statutory interpretation is to determine and give effect to the legislative intent behind the statute.” Calvert v. Farmers Ins. Co., 144 Ariz. 291, 294, 697 P.2d 684, 687 (1985). “The language of a statute is the most reliable evidence of its intent.” Walker v. City of Scottsdale, 163 Ariz. 206, 209, 786 P.2d 1057, 1060 (App. 1989).

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3 P.3d 961, 197 Ariz. 41, 302 Ariz. Adv. Rep. 15, 1999 Ariz. App. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drucker-v-greater-phoenix-transportation-co-arizctapp-1999.