Glockel v. State Farm Mutual Automobile Insurance

361 N.W.2d 559, 219 Neb. 222, 1985 Neb. LEXIS 909
CourtNebraska Supreme Court
DecidedFebruary 8, 1985
Docket84-072
StatusPublished
Cited by9 cases

This text of 361 N.W.2d 559 (Glockel v. State Farm Mutual Automobile Insurance) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glockel v. State Farm Mutual Automobile Insurance, 361 N.W.2d 559, 219 Neb. 222, 1985 Neb. LEXIS 909 (Neb. 1985).

Opinions

Grant, J.

The U.S. District Court for the District of Nebraska, pursuant to Neb. Rev. Stat. § 24-219 (Cum. Supp. 1984), has submitted to us certain certified questions of law.

The facts underlying the controversy giving rise to the questions were recited to us by the district court, as follows:

Plaintiff, Thomas H. Glockel (hereinafter referred to as Glockel), applied to defendant, State Farm Mutual Automobile Insurance Company (hereinafter referred to as State Farm), for an automobile liability insurance policy on April 29, 1980. Glockel signed the application and paid $54.98 for the first 2 months’ coverage. In his application Glockel listed one traffic violation, a stop sign infraction in October of 1979. State Farm’s agent bound coverage on April 29, 1980, and, on or about the same day, forwarded the application to State Farm’s regional office in Lincoln, Nebraska. The policy was issued to Glockel and his father.

The facts certified by the forwarding court further state:

Four days later, on May 3, 1980, Glockel was involved in an automobile accident that caused extremely serious injuries to one Leon Skank. At some point, the Lincoln underwriting office discovered that Glockel’s Nebraska motor vehicle record revealed two traffic violations instead of just one. On May 7, 1980, Glockel gave a recorded statement to a State Farm investigator admitting [224]*224that he had received “two or three” speeding tickets in Council Bluffs, Iowa between June and August of 1979. State Farm thereafter convened a “claim committee” to evaluate the status of Glockel’s policy. The claim committee determined that Glockel had made a material misrepresentation concerning his driving record. In a June 9, 1980, letter addressed to plaintiff Glockel and his father, State Farm advised that, because of Thomas Glockel’s misrepresentations, it was rescinding the binder of insurance and declaring it void at its inception. State Farm also returned Glockel’s $54.98 premium payment.
Kandis K. Skank, as Conservator for her husband, Leon, filed suit in the District Court of Douglas County, Nebraska, against Thomas Glockel alleging negligence in the May 3, 1980 operation of his motor vehicle. Her attorneys sent written offers to Glockel’s attorney to settle the lawsuit for the $15,000 limit of Glockel’s policy. Glockel’s attorney communicated the offers to State Farm and demanded settlement. State Farm rejected the offers and refused to settle on the basis of its June 9, 1980 letter of rescission. The jury returned a verdict against Thomas Glockel substantially in excess of the policy limits.
Glockel’s complaint in the United States District Court alleges negligence and bad faith by State Farm for refusing to settle the underlying lawsuit within the $15,000 policy limit. Mr. Glockel seeks a judgment against StateFarm for the $15,000 insurance coverage and the amount by which the state court judgment exceeds the policy limit, plus interest and attorneys’ fees. He further requests damages for mental and emotional distress, unfavorable publicity, and injury to his credit and reputation. State Farm, by affirmative defense, alleges that Glockel misrepresented material facts regarding his driving record in his application for insurance and that, under Nebraska law, State Farm may therefore rescind the policy and declare it void ab initio.

In connection with these facts, as set out above, we are premising our opinion on the facts as set out by the forwarding court. Pursuant to Neb. Rev. Stat. § 24-221 (Cum. Supp. 1984), [225]*225we accept the facts as set out in the certification request.

We, of course, make no determination or inference as to any of Glockel’s allegations nor State Farm’s defenses, but only direct this opinion to answering the legal questions presented to us. Those questions are:

1. Whether the exclusive method of terminating an automobile liability insurance policy is controlled by [Neb. Rev. Stat. §§ 44-515 to 44-521 (Reissue 1984)].
2. Whether, because of the provisions of [§ 44-515(l)(b)], an automobile liability insurance policy can only be cancelled for “material misrepresentations” once a policy of insurance has been issued.
3. Whether [Neb. Rev. Stat. § 44-358 (Reissue 1984)] is inapplicable to an automobile liability insurance policy.

(Emphasis in original.)

For reasons hereinafter set out, and with the qualifications hereinafter specified, (1) the first question is answered Yes, because Neb. Rev. Stat. §§ 44-515 to 44-521 (Reissue 1984) specifically provide for. the cancellation of certain automobile liability insurance policies covering a specific limited class described therein; (2) the second question is answered No (possibly due to the somewhat ambiguous framing of the question, which was apparently adopted by the federal court from Glockel’s motion filed in that court), because § 44-515(l)(b) also allows cancellation for other reasons; and (3) the third question is answered Yes, because Neb. Rev. Stat. § 44-358 (Reissue 1984) is inapplicable to the specific type of automobile liability insurance policies defined in Neb. Rev. Stat. § 44-514 (Reissue 1984), while § 44-358 does apply to all other types of liability policies, including automobile liability insurance policies not defined in § 44-514.

QUESTION NO. 1

With regard to the first question presented, we note that the question refers to §§ 44-515 to 44-521. Our answer herein is predicated on the fact that the question must be broadened to include § 44-514 because that section sets out, with particularity, the meaning of the word “policy” as used in [226]*226§§ 44-515 to 44-521.

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Cite This Page — Counsel Stack

Bluebook (online)
361 N.W.2d 559, 219 Neb. 222, 1985 Neb. LEXIS 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glockel-v-state-farm-mutual-automobile-insurance-neb-1985.