Edwards v. State Farm Mutual Automobile Insurance Co.

399 N.W.2d 95, 1986 Minn. App. LEXIS 5072
CourtCourt of Appeals of Minnesota
DecidedDecember 30, 1986
DocketC5-86-1254
StatusPublished
Cited by24 cases

This text of 399 N.W.2d 95 (Edwards v. State Farm Mutual Automobile Insurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edwards v. State Farm Mutual Automobile Insurance Co., 399 N.W.2d 95, 1986 Minn. App. LEXIS 5072 (Mich. Ct. App. 1986).

Opinions

OPINION

HUSPENI, Judge.

Diane Edwards, an insured under a policy issued by appellant, State Farm Mutual Automobile Insurance Company (State Farm) was abducted, sexually assaulted and murdered. Respondents, her parents and brother, brought an action for a declaratory judgment seeking to recover personal injury protection benefits under Minnesota’s No-Fault Insurance Act and uninsured motorist benefits under the insurance policy issued by appellant. The trial court granted respondents’ motion for summary judgment and found they were entitled to receive both no-fault benefits and uninsured motorist benefits. On appeal, State Farm argues that a claim for benefits under the insurance policy is barred by the statute of limitations. State Farm also contends that Diane Edwards’ death did not arise out of the operation, maintenance or use of a motor vehicle nor was her death caused by an accident as contemplated by the insurance policy. We reverse and remand.

FACTS

On the evening of September 26, 1980, Joseph Ture was driving an uninsured 1970 Ford station wagon through West St. Paul when "he observed Diane Edwards walking down the sidewalk. Ture had met Edwards previously, but she had refused to see him on a social basis. When Ture saw Edwards on this particular evening, he drove his car over the sidewalk so that his driver’s door was alongside her. Ture left his car and briefly spoke to Edwards. Then he forced Edwards into the car and drove away.

Ture drove Edwards to a secluded area approximately sixty miles from where he [97]*97abducted her. While still inside the car Ture sexually assaulted and murdered Edwards. He then left her body in the isolated area and drove back to the Twin Cities. Two weeks later Ture took the car he had used to a junkyard and had it destroyed. Ture eventually was convicted of first degree murder and was sentenced to life imprisonment.

Respondent, Donald Edwards, is the holder of an insurance policy issued by State Farm. His daughter, Diane Edwards, was insured under the policy as a member of the household. The two provisions of the policy at issue read as follows:

PERSONAL INJURY PROTECTION: We will pay in accordance with the No-Fault Act for bodily injury to an insured caused by accident resulting from the maintenance or use of a motor vehicle as a vehicle.
UNINSURED MOTOR VEHICLE COVERAGE * * * We will pay damages for bodily injury an insured is legally entitled to collect from the owner or driver of an uninsured motor vehicle. The bodily injury must be caused by accident arising out of the operation, maintenance or use of an uninsured motor vehicle.

On August 29, 1984, respondents’ attorney sent a letter to State Farm, demanding payment of respondents’ uninsured motorist benefits and making a formal written demand for arbitration pursuant to the terms and conditions of their policy. State Farm responded in November 1984, with a letter denying coverage under the policy and refusing to submit the matter to arbitration. Respondents then filed a declaratory judgment action, seeking a determination that they were entitled to the uninsured motorist benefits as well as to personal injury (no fault) benefits.

ISSUES

1. Is respondents’ claim for uninsured motorist benefits barred by the statute of limitations?

2. Did Diane Edwards’ murder “arise out of the operation, maintenance or use of a motor vehicle” for the purposes of coverage under the no-fault and uninsured motorist benefits provisions of respondents’ insurance policy?

3.Was Diane Edwards’ murder an “accident” for the purpose of coverage under the uninsured motorist benefits provision of respondents’ insurance policy?

ANALYSIS

I.

In Spira v. American Standard Insurance Co., 361 N.W.2d 454 (Minn.Ct.App.), pet. for rev. denied, (Minn. Mar. 29, 1985), this court determined that the six-year statute of limitations for contract actions applied to an uninsured motorist insurance claim because the liability arose from a contract. Id. at 456; Minn.Stat. § 541.05, subd. 1(1) (1984). We further held that “[i]n arbitration proceedings, the 6-year limitations statute does not begin to run until there has been both a demand and a refusal to arbitrate.” Spira, 361 N.W.2d at 457. See also O’Neill v. Illinois Farmers Insurance Co., 381 N.W.2d 439, 441 n. 3 (Minn.1986).

State Farm argues that Spira can be distinguished from this case because the accident in Spira occurred in Tennessee, presenting conflict of laws issues not present here. State Farm suggests that this court applied the six-year contract statute of limitations because the applicable statute of limitations for personal injury actions in Tennessee was only one year. The holding in Spira is based on no such rationale, and State Farm’s attempt to distinguish the two cases is unconvincing. In the present case, the refusal to arbitrate occurred on November 17, 1984, and respondents’ action was brought well within the six year limitation period that began to run on that date.

II.

Under the terms of the insurance policy in this case, respondents are entitled to collect damages for bodily injury only if two criteria are met. The injury must be [98]*98“caused by accident” and must arise “out of the operation, maintenance or use of an uninsured motor vehicle.” Appellant argues that neither criterion is present in this case.

Once again we are asked to determine whether an injury is sufficiently related to the “use” of a vehicle to invoke the benefits of an automobile insurance policy. Ultimately, the answer to this question turns, to a great degree, on the particular facts presented in each case. Classified Insurance Corp. v. Vodinelich, 368 N.W.2d 921, 923 (Minn.1985) (quoting Associated Independent Dealers v. Mutual Service Insurance Co., 304 Minn. 179, 229 N.W.2d 516 (1975)). The Minnesota Supreme Court has, however, considered this issue in several cases and has developed guidelines for making such determinations.

In Tlougan v. Auto-Owners Insurance Co., 310 N.W.2d 116 (Minn.1981) the supreme court indicated that:

[t]here must be some connection between the injury and the use of the vehicle for transportation purposes. * * *
This “connection” between use and injury is something less than proximate cause in the tort sense and something more than the vehicle being the mere situs of the injury. It is enough if “the injury is a natural and reasonable incident or consequence of the use of the vehicle.”

Id. at 117 (quoting Haagenson v. National Farmers Union Property & Casualty Co., 277 N.W.2d 648, 652 (Minn.1979)).

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Edwards v. State Farm Mutual Automobile Insurance Co.
399 N.W.2d 95 (Court of Appeals of Minnesota, 1986)

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Bluebook (online)
399 N.W.2d 95, 1986 Minn. App. LEXIS 5072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-state-farm-mutual-automobile-insurance-co-minnctapp-1986.