Flexi-Van Leasing, Inc. v. Aetna Casualty & Surety Co.

822 F.2d 854
CourtCourt of Appeals for the Ninth Circuit
DecidedJuly 20, 1987
DocketNo. 86-3515
StatusPublished
Cited by5 cases

This text of 822 F.2d 854 (Flexi-Van Leasing, Inc. v. Aetna Casualty & Surety Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flexi-Van Leasing, Inc. v. Aetna Casualty & Surety Co., 822 F.2d 854 (9th Cir. 1987).

Opinion

AGUILAR, District Judge:

This appeal results from the district court’s grant of summary judgment in a dispute over the provisions of an insurance contract. The major issue presented is whether the defendant judgment creditors can reach the insurance policy of the company that leased a trailer to an individual who negligently caused injuries in an automobile collision. We affirm the district court’s grant of summary judgment.

I.

FACTS AND PROCEEDINGS BELOW

The parties submitted the case on the following stipulated facts.

On 15 October 1980, Jim Reed, dba Jim Reed Trucking, leased a trailer from Gil Flex Rentals, a division of Flexi-Van Leasing, Inc. Reed’s employee, Robert Belanger, picked up the trailer.

On 18 October 1980, Belanger was driving a tractor owned by Jim Reed and pulling the rented trailer. Belanger was acting within the course and scope of his employment when his vehicle collided with a vehicle driven by Thomas Wollam. Mr. Wollam died as a result of the collision. Marion Wollam also suffered various injuries in the collision.

Reed purchased liability insurance from Aetna Casualty & Surety Co. Flexi-Van purchased liability insurance from American Motorists Insurance Co. Aetna’s policy limit was $750,000 and American Motorists’ limit was $25,000.

In a lawsuit stemming from the accident, the appellants [hereafter collectively referred to as “the Wollams”] obtained a judgment against Reed and Belanger of $890,000 which exceeded Aetna’s policy limit. The jury verdict exonerated FlexiVan.

In this action for declaratory relief, the parties submitted cross motions for summary judgment on the issue of whether the Wollams may reach the American Motorists’ policy to satisfy a portion of their judgment against Reed and Belanger. The district court granted the plaintiff American Motorists’ motion for summary judgment and denied the defendant Wollams’ motion, thereby finding that the Wollams could not reach the American Motorists policy to secure payment for a portion of their judgment against Reed and Belanger.

The Wollams appealed the district court’s grant of summary judgment, and, on 12 August 1985, the Ninth Circuit reversed and remanded the district court decision for further consideration in light of a case which the parties had previously failed to bring before the district court, United Pacific Insurance Co. v. Truck Insurance Exchange, 273 Or. 283, 541 P.2d 448 (1975). On 12 December 1985, the district court, pursuant to the order of remand, and upon reconsideration reaffirmed its previous grant of summary judgment. This appeal results.

II.

STANDARD OF REVIEW

We review a grant of summary judgment de novo. Jackson Water Works, Inc. v. Public Utilities Commission of Cal., 793 F.2d 1090, 1092 (9th Cir.1986), cert. denied, — U.S. -, 107 S.Ct. 1334, 94 L.Ed.2d 184 (1987). Summary judgment is proper only if there is no genuine issue of material fact and the moving party is entitled to prevail as a matter of law. Id. The parties submitted this case on stipulated facts. Therefore, resolution depends upon a de novo examination of questions of law. Id. The district court’s interpretation and application of state law is entitled to no special deference and is reviewed de novo. Id.; [856]*856Matter of McLinn, 739 F.2d 1395, 1397 (9th Cir.1984) (en banc).

III.

DISCUSSION OF LAW

A. Rules of construction

Initially this case confronts the court with the general rule that insurance contracts are to be construed liberally to afford coverage and against the insurer. O’Neill v. Standard Insurance Company, 276 Or. 357, 554 P.2d 997, 999 (1976). Appellees argue that the judgment creditors here are not entitled to the benefit of the liberal construction rule because they are not parties to the policy.

Under Oregon law, “the primary and governing rule of the construction of insurance contracts is to ascertain the intention of the parties.” Totten v. New York Life Ins. Co., 298 Or. 765, 696 P.2d 1082, 1086 (1985). Furthermore, the liberal construction rule “must be considered in the light of other equally well established rules of construction, and, particularly, in the light of the primary rule [to ascertain the intent of the parties to the contract]. Its application must lead to a sound conclusion under all the facts and circumstances in issue.” I-L Logging Co. v. Mfgrs. & Whlse. Ind. Exc., 202 Or. 277, 320, 273 P.2d 212, reh’g. denied, 275 P.2d 226 (1954).

Each party submits authority for its position on the applicability of the liberal construction rule in this case. However, we are convinced by our reasoning in Travelers Indem. Co. v. United States, 543 F.2d 71, 74 (9th Cir.1976), where we stated:

The general rule is the familiar one that an insurance policy must be construed most stongly against the insurer and reasonable doubt as to the meaning of the language of the policy must be resolved against the insurance company. [Citation omitted.] This rule, however, yields to the primary rule that policies of insurance, like other contracts, are to be construed so as to ascertain and declare the true intent of the parties. [Citations omitted.] Another maxim of interpretation applicable here is that a third party who is not a party to the contract is not usually entitled to a strict construction in his favor in determining whether the contract was made for his benefit. Milchem, Inc. v. M.A. Smith Well Service, Inc., 351 F.Supp. 1307 (E.D.La.1972).

It is clear in this case that Flexi-Van is the named insured. Reed and Belanger are not parties to the insurance contract at issue. When looking to determine whether we should construe the terms of the policy in favor of Reed and Belanger, Milchem provides us with guidance. That Louisiana district court case concerned a subrogation claim against a sub-lessee of certain mechanical equipment which was negligently destroyed during preparation for a hurricane. In that context the court stated:

The general rule that doubtful language contained in an insurance policy is to be construed in favor of the insured and against insurer ... operates only after insured has been determined and not in deciding whether a certain individual belongs to the insured class described in the policy, and a third person who is not a party to the contract of insurance usually is not entitled to a strict constuction in his favor in determining whether the contract was made for his benefit.

Id. at 1311, quoting 44 C.J.S. Insurance § 308, at 1226.

The major contested issue is whether Reed and/or Belanger were insured under the policy.

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Bluebook (online)
822 F.2d 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flexi-van-leasing-inc-v-aetna-casualty-surety-co-ca9-1987.