Employers Mutual Casualty Co. v. McKeon

743 P.2d 7, 154 Ariz. 411, 1987 Ariz. App. LEXIS 425
CourtCourt of Appeals of Arizona
DecidedJune 25, 1987
Docket2 CA-CV 87-0071
StatusPublished
Cited by1 cases

This text of 743 P.2d 7 (Employers Mutual Casualty Co. v. McKeon) 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
Employers Mutual Casualty Co. v. McKeon, 743 P.2d 7, 154 Ariz. 411, 1987 Ariz. App. LEXIS 425 (Ark. Ct. App. 1987).

Opinion

OPINION

LACAGNINA, Judge.

In this case, decided by the trial court on stipulated facts and cross-motions for summary judgment, judgment was awarded to Robert E. McKeon, Jay Edward McKeon [412]*412and Joan L. McKeon declaring that uninsured motorist coverage was available to Jay Edward McKeon for damages he suffered while driving an automobile owned by his brother, Michael McKeon. The sole issue is whether an endorsement pursuant to A.R.S. § 28-1170(B)(3) permits the exclusion of the designated person from uninsured motorist coverage required by A.R.S. § 20-259.01. We hold that an endorsement to exclude coverage provided by a personal automobile policy for loss, damage and/or liability caused while an automobile is being driven by a designated individual is valid and excludes coverage under every provision of the policy, including the uninsured motorist provisions. We reverse and remand for entry of judgment in favor of Employers Mutual Casualty Company (Employers).

FACTS

The following stipulated facts are relevant:

2. Robert E. McKeon, Joan L. McKeon, and Jay Edward McKeon are individual residents of the County of Maricopa, State of Arizona. Robert E. McKeon and Joan L. McKeon are the natural parents of Jay Edward McKeon, age 22. On and before November 16, 1985, Jay Edward McKeon has been a member of the household of Robert E. McKeon and Joan L. McKeon.
4. On and before November 16, 1985, Employers had in force a policy of automobile insurance, policy number A18-9982, with Robert E. McKeon as the named insured. The policy had uninsured motorist coverage of $300,000.00 and medical payments coverage of $5,000.00 available to injured “family members.” As part of this policy, Robert E. McKeon executed an endorsement on or about December 20, 1983, entitled: “Endorsement Voiding Automobile Insurance While A Certain Person Is Operating Automobile”, a true and correct copy of which is attached to the Complaint as part of Exhibit “1”. The execution of this endorsement was witnessed by Joan L. McKeon, as reflected by her signature which appears thereon.
5. On November 16, 1985, Jay Edward McKeon was involved in an automobile accident with an uninsured motorist while operating a 1983 Dodge automobile owned by Michael McKeon, the brother of Jay Edward McKeon. Michael McKeon is not a member of the household of Robert E. McKeon and Joan L. McKeon, and lives in the State of Utah where he serves in the military. The Dodge automobile was insured with Allstate Insurance Company through its Policy No. 00776348608/17 001 10 6 85, and Allstate has paid its limit of $20,000 per person to Jay Edward McKeon under its uninsured motorists provision as a result of the November 16,1985 accident.
7. On or about February 19, 1986, Robert E. McKeon and Jay Edward McKeon made demand upon Employers for payment in the sum of $285,000 pursuant to the uninsured motorists and medical payments coverages provided under Policy No. A18-99-82.
8. Employers has advised the defendants that the endorsement attached to the Complaint as part of Exhibit “1” is applicable to the accident involving Jay Edward McKeon.
9. In arriving at the decision to exclude coverage for Jay Edward McKeon, Employers took the following facts under consideration:
a. On September 11, 1981, Jay Edward McKeon was cited for a speeding violation in Maricopa County for which he was fined $168;
b. On July 11, 1982, Jay Edward McKeon was cited for reckless driving in Maricopa County, and was fined $112, and had his drivers license suspended for 90 days;
c. On July 22, 1983, Jay Edward McKeon was cited for a moving violation in Maricopa County, and was fined $50.00; and
d. On August 7, 1984, Jay Edward McKeon was cited for excessive speed [413]*413in Maricopa County, and was fined $85.82.

The endorsement referred to by the stipulated facts states:

ENDORSEMENT VOIDING AUTOMOBILE INSURANCE WHILE A CERTAIN PERSON IS OPERATING AUTOMOBILE
In consideration of the continuation of this policy in force by the Company, it is hereby agreed that, with respect to such insurance as is afforded under all coverage provided herein the Company shall not be liable for loss, damage, and/or liability caused while the automobile described in the policy, or any other automobile to which the terms of the policy are extended, is being driven or operated by the following named person
_Jay Edward McKeon_
Provided, the named insured accepts this endorsement as witness his signature, and, Provided further, that, unless this endorsement is revoked in writing by the Company, this endorsement shall be a part of this or any renewal policy with the same policy number issued by the company.
/s/ Joan L. McKeon_
/s/ Robert E. McKeon _
Witness
Named Insured

The endorsement is unambiguous and permitted by A.R.S. § 28-1170(B)(3), which provides:

B. The owner’s policy of liability insurance must comply with the following requirements:
3. It may by agreement in writing between any named insured and the insurer exclude as insured any person or persons designated by name when operating a motor vehicle.

As a condition for continuing the policy in force, the insured agreed that “with respect to such insurance as is afforded under all coverage provided herein the Company shall not be liable” while any automobile covered by the policy was being driven or operated by Jay Edward McKeon. The “personal auto policy” purchased by Robert E. McKeon included coverage for liability, Part A, medical payments, Part B, uninsured motorists, Part C, and property damage, Part D.

The words “all coverage” includes coverage under Part C, uninsured motorists. The condition which relieves Employers from all loss, damage and/or liability was Jay Edward McKeon’s driving a covered automobile. No other interpretation of the plain meaning of the language agreed to by the parties to the endorsement is possible. There is no language contained in A.R.S. § 20-259.01 which prohibits the agreement permitted by A.R.S. § 28-1170(B)(3), and both statutes must be read in pari materia. State v. Sweet, 143 Ariz. 266, 693 P.2d 921 (1985); Chase v. State Farm Mutual Automobile Ins. Co., 131 Ariz. 461, 465, 641 P.2d 1305, 1309 (App.1982).

In State Farm Auto Insurance Company v. Dressler,

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Related

Employers Mutual Casualty Co. v. McKeon
765 P.2d 513 (Arizona Supreme Court, 1988)

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743 P.2d 7, 154 Ariz. 411, 1987 Ariz. App. LEXIS 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/employers-mutual-casualty-co-v-mckeon-arizctapp-1987.