Employers Liability Assur. Corp., Ltd. v. Jackson

270 So. 2d 806, 289 Ala. 673, 1972 Ala. LEXIS 1127
CourtSupreme Court of Alabama
DecidedSeptember 29, 1972
Docket3 Div. 486, 3 Div. 487
StatusPublished
Cited by46 cases

This text of 270 So. 2d 806 (Employers Liability Assur. Corp., Ltd. v. Jackson) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Employers Liability Assur. Corp., Ltd. v. Jackson, 270 So. 2d 806, 289 Ala. 673, 1972 Ala. LEXIS 1127 (Ala. 1972).

Opinions

MERRILL, Justice.

These two cases were consolidated by this court, all parties consenting. The appeals are from judgments awarding damages in the amount of $20,000.00 to appel[676]*676lee Charlie Jackson in 3 Div. 486 and $20,000.00 to appellee Cecelia Jackson in 3 Div. 487.

With the exception of the allegations of injury, the complaints of both appellees are virtually identical. Both complaints allege that the appellant issued a policy of automobile insurance to Cecelia Jackson, wife of Charlie Jackson, said policy containing what is commonly referred to as “uninsured motorist coverage.” The policy provided coverage for two automobiles. Both appellees allege that they were injured in an automobile accident where the operator of the other automobile was uninsured. Both appellees allege that they are each entitled to $20,000.00 damages from the appellant under the uninsured motorist coverage of the policy issued by the appellant as stated above.

Identical demurrers which were filed by the appellant to each complaint were overruled by the trial court on April 15, 1970. Thereafter, the appellant filed in each case the plea of the general issue and not guilty as charged in the complaint.

The cases were submitted to the trial court, without jury, on an agreed stipulation, oral testimony and exhibits introduced at the time of the trial. Thereafter, on February 24, 1971, the trial judge entered a finding of fact and final judgment whereby he ordered that each appellee in his and her respective cases have and recover from the appellant the sum of $20,000.00 with costs of court. Appeals were taken on March 29,1971.

The appellant’s assignments of error are identical in both cases and raise the same questions for review.

The facts have been stipulated, with the exception of the medical testimony. On February 2, 1969, the appellees were riding as passengers in an automobile operated by one Mary R. Bell, when the Bell vehicle was involved in a collision with a motor vehicle operated by one James L. Underwood, who was an uninsured motorist. |.The negligence of Underwood was the cause of the accident. Both of the appellees and Mary R. Bell received personal injuries in the accident.

The Bell vehicle was insured with the State Farm Mutual Automobile Insurance Company, and this policy included uninsured motorist coverage in the amount of $10,000.00 for injuries to one individual and $20,000.00 for injuries to one or more individuals. State Farm paid to Charlie Jackson $2,250.00 and to Cecelia Jackson the sum of $10,000.00 with the balance of the policy limits for uninsured motorist coverage being paid to Mary Bell.

At the time of the accident the appellant had in force and effect a “Family Combination Automobile Policy” issued to Cecelia Jackson providing certain coverage for a 1965 Chevrolet and a 1961 Pontiac. Appellant’s policy likewise contained uninsured motorist coverage.

Both appellees were seriously injured in the accident, but this appeal does not raise the issue of the severity of the injuries or the amount that would be just compensation for said injuries. It is sufficient to state that the trial court, sitting without a jury, found Cecelia Jackson’s actual damages to be $90,000.00, and Charlie Jackson’s actual damages to be $30,000.00.

Appellant’s policy contains two clauses which it contends either abrogate or limit its liability. The first is its “Other Insurance” clause:

“With respect to bodily injury to an insured while occupying an automobile not owned by the named insured, the insurance under Part IV shall apply only as excess insurance over any other similar insurance available to such insured and applicable to such automobile as primary insurance, and this insurance shall then apply only in the amount by which the limit of liability for this coverage exceeds the applicable limit of liability of such other insurance,
“Except as provided in the foregoing paragraph, if the insured has other similar insurance available to him and appli[677]*677cable to the accident, the damages shall be deemed not to exceed the higher of the applicable limits of liability of this insurance and such other insurance, and the company shall not be liable for a greater proportion of any loss to which this Coverage applies than the limit of liability hereunder bears to the sum of the applicable limits of liability of this insurance and such other insurance.”

The appellant contends that the “Other Insurance” clause excuses it from liability, because the Jacksons have already accepted a settlement from State Farm, which had uninsured motorist coverage in the amount required by Alabama law. The second exclusionary clause upon which the appellant alternatively relies is the “Limits of Liability” clause:

“(a) The limit of liability for uninsured motorists coverage stated in the declarations as applicable to ‘each person’ is the limit of the company’s liability for all damages, including damages for care or loss of services, because of bodily injury sustained by one person as the result of any one accident, and, subject to the above provision réspecting each person, the limit of liability stated in the declarations as applicable to ‘each accident’ is the total limit of the company’s liability for all damages, including damages for care or loss of services, because of bodily injury sustained by two or more persons as the result of any one accident.”

The declarations referred to in the “Limits of Liability” clause specifically provide for uninsured motorist coverage for bodily injury in the amount of $10,000.00 for each person with a maximum amount of $20,000.00 for each accident. Under the “Limits of Liability” clause, the appellant alternatively contends that the policy issued to the Jacksons has a maximum uninsured motorist coverage for any one accident of $10,000.00 per individual to $20,000.00 per accident, and the fact that the policy provided coverage for two cars does not double the coverage to $20,000.00 per individual and $20,000.00 per accident. The trial court held, however, that since premiums were paid for insuring two cars, that there were two separate uninsured motorist coverages in the appellant’s policy, and that the Jacksons could recover under each coverage. The court stated:

“It is now established that the law in Alabama is that Tit. 36, § 74 (62a) establishes minimum coverage, but does not establish an upper limit. The insured is entitled to recover under all available coverages on which a premium has been paid up to his actual damages, Ex Parte Irby Jones, 286 Ala. 606, 243 So.2d 736 (Dec. 1970).
“The Court is further of the opinion, and so holds, that the ‘Limits of Liability” clause cannot be permitted to deprive the insured of the benefits for which a premium was paid, and that such clause, if interpreted to deprive the insured of coverage above $10,000/$20,000 when two premiums are paid for two such coverages, is repugnant to the spirit and intent of the Alabama law, and is ineffective to so limit the insured’s coverage.
“The Court finds, that the insurer collected a premium for each coverage under its policy, and it cannot avoid payment for a loss because of language of limitation devised by itself.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McKinney v. Nationwide Mutual Fire Insurance
33 So. 3d 1203 (Supreme Court of Alabama, 2009)
United Services Auto. Ass'n v. Roth
744 So. 2d 1227 (District Court of Appeal of Florida, 1999)
American Economy Ins. Co. v. Thompson
643 So. 2d 1350 (Supreme Court of Alabama, 1994)
State Farm Mut. Auto. Ins. Co. v. Fox
541 So. 2d 1070 (Supreme Court of Alabama, 1989)
Travelers Ins. Co., Inc. v. Jones
529 So. 2d 234 (Supreme Court of Alabama, 1988)
Sanders v. St. Paul Mercury Insurance
536 A.2d 914 (Supreme Court of Vermont, 1987)
Kromrei v. AID Ins. Co.(Mut.)
716 P.2d 1321 (Idaho Supreme Court, 1986)
Gallups v. Aetna Casualty & Surety Co.
513 F. Supp. 1074 (N.D. Alabama, 1981)
Goodville Mutual Casualty Co. v. Borror
275 S.E.2d 625 (Supreme Court of Virginia, 1981)
Davis v. Hughes
622 P.2d 641 (Supreme Court of Kansas, 1981)
Grimes v. Concord General Mutual Insurance
422 A.2d 1312 (Supreme Court of New Hampshire, 1980)
Estate of Calibuso Ex Rel. Calibuso v. Pacific Insurance
616 P.2d 1357 (Hawaii Supreme Court, 1980)
Hampton v. Allstate Insurance
616 P.2d 78 (Court of Appeals of Arizona, 1980)
State Farm Mutual Automobile Insurance v. Williams
600 P.2d 759 (Court of Appeals of Arizona, 1979)
Allstate Insurance v. Maglish
586 P.2d 313 (Nevada Supreme Court, 1978)
Gaught v. Evans
361 So. 2d 1027 (Supreme Court of Alabama, 1978)
Safeco Insurance v. Vetre
387 A.2d 539 (Supreme Court of Connecticut, 1978)
Hartford Acc. & Indem. Co. v. Bridges
350 So. 2d 1379 (Mississippi Supreme Court, 1977)
Billups v. Ala. Farm Bur. Mut. Cas. Ins. Co.
352 So. 2d 1097 (Supreme Court of Alabama, 1977)
Federated American Insurance v. Raynes
563 P.2d 815 (Washington Supreme Court, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
270 So. 2d 806, 289 Ala. 673, 1972 Ala. LEXIS 1127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/employers-liability-assur-corp-ltd-v-jackson-ala-1972.