Farmers Insurance Exchange v. Letellier

820 N.W.2d 597, 2012 WL 3792628, 2012 Minn. App. LEXIS 99
CourtCourt of Appeals of Minnesota
DecidedSeptember 4, 2012
DocketNo. A12-155
StatusPublished

This text of 820 N.W.2d 597 (Farmers Insurance Exchange v. Letellier) 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
Farmers Insurance Exchange v. Letellier, 820 N.W.2d 597, 2012 WL 3792628, 2012 Minn. App. LEXIS 99 (Mich. Ct. App. 2012).

Opinion

OPINION

PETERSON, Judge.

Appellants challenge the district court’s summary-judgment determination that their automobile-insurance policies did not cover — and, thus, that respondent-insurer did not have a duty to defend appellants against — a social-host-liability claim arising out of an incident in which a minor drank alcohol at appellants’ home, was taken home by a sober driver, and then drove another car and caused a fatal crash. Appellants argue that coverage is required under the plain language of their policies and under a provision of the no-fault act governing residual coverage, Minn.Stat. § 65B.49, subd. 3(2) (2010). We affirm.

FACTS

After appellants Robert and Jennifer Anne Letellier had gone to bed one night, their 15-year-old daughter, J.L., had some friends over to their house. J.L.’s teenage Mend, D.M.A., consumed alcohol while at appellants’ residence. A sober driver gave D.M.A. a ride home from appellants’ residence, but after D.M.A. arrived home, he drove his sister’s car and caused a crash in which G.V. was injured and S.R.H. was killed.

G.V. and S.R.H.’s next-of-kin brought separate personal-injury and wrongful-death actions against several people, including appellants, alleging that appellants were liable “for providing and allowing alcoholic beverages to be served to a minor to his intoxication which was a direct cause of the accident.”

Appellants tendered defense of the actions to their homeowner’s-insurance carrier, Farmers Insurance Exchange, and to [599]*599their automobile-insurance carrier, respondent Illinois Farmers Insurance Company. Farmers Insurance Exchange agreed to defend appellants, subject to a reservation of rights,1 and commenced a declaratory-judgment action asking the court to find that it had no duty to defend or indemnify appellants under the homeowner’s policy.2 Respondent denied coverage under the automobile policies issued to appellants and refused to provide or contribute to the defense of the actions.

Appellants brought this declaratory-judgment action against respondent, seeking a defense under their automobile policies. Neither D.M.A. nor the vehicle he was driving was insured under appellants’ automobile policies. The district court granted summary judgment for respondent. This appeal followed.

ISSUE

Did the district court err in concluding that appellants’ automobile-insurance policies did not provide coverage for, and that respondent did not have a duty to defend appellants against, liability claims in the underlying personal-injury and wrongful-death actions?

ANALYSIS

Summary judgment is appropriate when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that either party is entitled to a judgment as a matter of law.” Minn. R. Civ. P. 56.03. On appeal from summary judgment, this court reviews de novo whether any genuine issues of material fact exist and whether the district court erred in applying the law. Kratzer v. Welsh Cos., 771 N.W.2d 14, 18 (Minn.2009). The evidence is viewed “in the light most favorable to the party against whom judgment was granted.” Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn.1993).

“The interpretation of an insurance policy, including the question of whether a legal duty to defend or indemnify arises, is one of law which [an appellate] court reviews de novo.” Auto-Owners Ins. Co. v. Todd, 547 N.W.2d 696, 698 (Minn.1996). “[T]he insured bears the initial burden of demonstrating coverage.” Travelers Indem. Co. v. Bloomington Steel & Supply Co., 718 N.W.2d 888, 894 (Minn.2006).

We interpret insurance policies using the general principles of contract law. Thommes v. Milwaukee Ins. Co., 641 N.W.2d 877, 879 (Minn.2002). “In interpreting insurance contracts, [this court] must ascertain and give effect to the intentions of the parties as reflected in the terms of the insuring contract.” Jenoff, Inc. v. N.H. Ins. Co., 558 N.W.2d 260, 262 (Minn.1997). An insurance policy “must be construed as a whole, and unambiguous language must be given its plain and ordinary meaning.” Henning Nelson Constr. Co. v. Fireman’s Fund Am. Life Ins. Co., 383 N.W.2d 645, 652 (Minn.1986).

The liability-coverage provision in appellants’ automobile-insurance policies states that respondent “will pay damages for which any insured person is legally liable because of bodily injury to any per[600]*600son and/or property damage arising out of the ownership, maintenance or use of a private passenger car, a utility car, or a utility trailer.”

There is no dispute that each of the appellants is an insured person under the policies or that G.V. and S.R.H. suffered bodily injury arising out of the use of a private passenger car. Therefore, appellants argue, because they were potentially liable to pay damages for bodily injury to others arising out of the operation of a motor vehicle, they have coverage for that potential liability under the policies. But this argument fails to recognize that, although G.V.’s and S.R.H.’s injuries arose out of the use of a motor vehicle, appellants’ potential legal liability for damages arose under the social-host-liability statute, Minn.Stat. § 340A.90 (2010).

That statute provides:

A spouse, child, ... or other person injured in person, property, or means of support, or who incurs other pecuniary loss, by an intoxicated person under 21 years of age or by the intoxication of another person under 21years of age, has for all damages sustained a right of action in the person’s own name against a person who is 21 years or older who:
(1) had control over the premises and, being in a reasonable position to prevent the consumption of alcoholic beverages by that person, knowingly or recklessly permitted that consumption and the consumption caused the intoxication of that person; or
(2) sold, bartered, furnished or gave to, or purchased for a person under the age of 21 years alcoholic beverages that caused the intoxication of that person.3

Id. at subd. 1(a). We review questions of statutory interpretation de novo. Beecroft v. Deutsche Bank Nat’l Trust Co., 798 N.W.2d 78, 82 (Minn.App.2011).

Under clause (1) of the social-host-liability statute, appellants could be liable for the underlying plaintiffs’ damages if they knowingly or recklessly permitted the consumption of alcohol that caused D.M.A.’s intoxication.

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Related

Morrison v. Swenson
142 N.W.2d 640 (Supreme Court of Minnesota, 1966)
Travelers Indemnity Co. v. Bloomington Steel & Supply Co.
718 N.W.2d 888 (Supreme Court of Minnesota, 2006)
Wooddale Builders, Inc. v. Maryland Casualty Co.
722 N.W.2d 283 (Supreme Court of Minnesota, 2006)
Auto-Owners Insurance Co. v. Todd
547 N.W.2d 696 (Supreme Court of Minnesota, 1996)
Thommes v. Milwaukee Insurance Co.
641 N.W.2d 877 (Supreme Court of Minnesota, 2002)
Kratzer v. Welsh Companies, LLC
771 N.W.2d 14 (Supreme Court of Minnesota, 2009)
Jenoff, Inc. v. New Hampshire Insurance Co.
558 N.W.2d 260 (Supreme Court of Minnesota, 1997)
Fabio v. Bellomo
504 N.W.2d 758 (Supreme Court of Minnesota, 1993)
Beecroft v. Deutsche Bank National Trust Co.
798 N.W.2d 78 (Court of Appeals of Minnesota, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
820 N.W.2d 597, 2012 WL 3792628, 2012 Minn. App. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmers-insurance-exchange-v-letellier-minnctapp-2012.