Ezell v. Columbia Insurance Co.

942 S.W.2d 913, 1996 Mo. App. LEXIS 2114, 1996 WL 737376
CourtMissouri Court of Appeals
DecidedDecember 20, 1996
DocketNo. 21099
StatusPublished
Cited by12 cases

This text of 942 S.W.2d 913 (Ezell v. Columbia Insurance Co.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ezell v. Columbia Insurance Co., 942 S.W.2d 913, 1996 Mo. App. LEXIS 2114, 1996 WL 737376 (Mo. Ct. App. 1996).

Opinion

BARNEY, Presiding Judge.

Respondent Glendia Ezell, (Insured) brought suit under the uninsured motorist coverage of her automobile insurance policy against her insurer, Appellant Columbia Insurance Company (Insurer) for personal injuries arising from an accident wherein she was a passenger on a 1970 BSA Motorcycle, owned and driven by Insured’s husband, Darrell Ezell (Husband). The trial court found in Insured’s favor and awarded damages to her in the amount of $50,000.00. Insurer appeals.

The facts as jointly stipulated by the parties show that: (1) the 1970 BSA Motorcycle, owned by Husband, was not covered by a policy of liability insurance at the time of the accident; (2) Insured and her husband resided in the same household; and (3) the damages sustained by Insured were $50,000.00.

It was also jointly stipulated that theretofore, Insurer had issued a policy of insurance, Number PA00149260, providing coverage for a 1986 Ford Pickup, and that the “named insureds” under the policy were Insured and her husband.

PART C of said policy, designated “UNINSURED MOTORISTS COVERAGE”, reads in pertinent part as follows:

A.We will pay damages which an ‘insured’ is legally entitled to recover from the owner or operator of an ‘uninsured motor vehicle’ because of ‘bodily injury’:
1. Sustained by an ‘insured’; and
2. Caused by an accident.
The owner’s or operator’s liability for these damages must arise out of the ownership, maintenance or use of the ‘uninsured motor vehicle.’
B. ‘Insured’ as used in this Part means:
1. You or any ‘family member.’
C. ‘Uninsured motor vehicle’ means a land motor vehicle or trailer of any type:
1. To which no bodily injury liability bond or policy applies at the time of the accident.
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However, ‘uninsured motor vehicle’ does not include any vehicle or equipment:
1. Owned by or furnished or available for the regular use of you or any ‘family member.’

The trial court made a finding that: (1) “the uninsured motor vehicle herein involved, a 1970 BSA motorcycle,1 was owned by Darrel Ezell, the husband of Glendia Ezell, and a named insured under the policy of insurance, and therefore is not an ‘uninsured motor vehicle’ as defined by the policy”; but (2) “the limitation [the bolded portion of paragraph C of PART C] contained in said definition violates the public policy of Missouri as set forth in RSMo. Section 379.203 and is void.”

Based upon the foregoing factual stipulations, the trial court entered judgment in favor of Insured in the amount of $50,000.00.

On appeal, Insurer raises two points of trial court error. In its first point, Insurer asseverates that the policy’s provisions defining the term “uninsured motor vehicle” do not include any vehicle “owned by or furnished or available for the regular use of the named insured or any family member,” citing Paragraph C of PART C of its policy, supra, and further that such definition, contrary to the trial court’s holding, does not violate the public policy of the State of Missouri. Since the uninsured motor vehicle in this case was owned by a named insured, i.e., Husband, Insurer argues that judgment should have been entered in favor of Insurer.

[915]*915Insurer’s second point argues that if indeed the definition of “uninsured motor vehicle” violated Missouri public policy it would be invalid only to the extent of $25,000.00, the amount of uninsured motorist coverage required under the provisions of § 379.203.1 and § 303.030.5.2

I

Section 379.203.1 provides in pertinent part that:

1. No automobile liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto ... in not less than the limits for bodily injury or death set forth in section 303.030, RSMo, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom.

Section 303.030.5 reads in pertinent part as follows:

5. No such policy ... shall be effective Tinder this section unless issued by an insurance company ... authorized to do business in this state ... every such policy ... is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than twenty-five thousand dollars because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, to a limit of not less than fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and, if the accident has resulted in injury to or destruction of property, to a limit of not less than ten thousand dollars because of injury to or destruction of property of others in any one accident.

“The underlying public policy which prompted enactment of [§ 379.203] was to give persons insured by such coverage, when injured by an uninsured motorist, protection parallel to that which they would have had if they had been injured in an accident caused by a motor vehicle covered by the minimum liability requirements of the financial responsibility law.”3 Otto v. Farmers Ins. Co., 558 S.W.2d 713, 717 (Mo.App.1977).

“Section 379.203 ... becomes a part of every policy of insurance to which it is applicable to the same effect as if it were written out in full in the policy itself.” Id. (citing Ward v. Allstate Ins. Co., 514 S.W.2d 576, 578 (Mo. banc 1974)); see also Oberkramer v. Reliance Ins. Co., 650 S.W.2d 300, 302 (Mo.App.1983). “Otto stressed the personal nature of uninsxired motorist coverage, and distinguished it from automobile liability insurance.” Bernardo v. Northland Ins. Co., 45 F.3d 272, 274 (8th Cir.1995).

“The conceptual nature of uninsured motorist insurance must be distinguished from other types of insurance, for example automobile liability insurance. The former is akin to accident insurance (albeit restricted to a limited type of accident) as it compensates for a loss suffered by an insured, as opposed to the latter which indemnifies an insured against liability for losses suffered by third parties.” Otto, 558 S.W.2d at 718. “Thus, uninsured motorist insurance should not be confused as inuring to a particular vehicle as in the case of automobile liability insurance.” Id. (emphasis added).

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Bluebook (online)
942 S.W.2d 913, 1996 Mo. App. LEXIS 2114, 1996 WL 737376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ezell-v-columbia-insurance-co-moctapp-1996.