Grinnell Mutual Reinsurance Co. v. State Farm Mutual Automobile Insurance Co.

558 N.W.2d 176, 1997 Iowa Sup. LEXIS 18, 1997 WL 24816
CourtSupreme Court of Iowa
DecidedJanuary 22, 1997
Docket96-168
StatusPublished
Cited by6 cases

This text of 558 N.W.2d 176 (Grinnell Mutual Reinsurance Co. v. State Farm Mutual Automobile Insurance Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grinnell Mutual Reinsurance Co. v. State Farm Mutual Automobile Insurance Co., 558 N.W.2d 176, 1997 Iowa Sup. LEXIS 18, 1997 WL 24816 (iowa 1997).

Opinion

LAVORATO, Justice.

In this case, a passenger was injured in a single-vehicle accident. The driver was uninsured. The owners of the vehicle had a policy with uninsured motorist coverage. The passenger was an insured under her parents’ policy which also had uninsured motorist coverage. The omnibus uninsured motorist clause under the owners’ policy provided that the vehicle had to be used within the scope of the owners’ consent. The omnibus uninsured motorist clause under the passenger’s policy excluded from coverage any person using a vehicle without having sufficient reason to believe that the use was with permission.

The passenger’s insurer filed this declaratory judgment action against the owners’ insurer, the owners, the passenger, and the passenger’s parents. The insurer sought a ruling that the passenger was covered, if at all, under the owners’ policy and not under its own policy.

The district court found that the passenger was not using the vehicle within the scope of the owners’ consent. The court, however, also found that the passenger had sufficient reason to believe that her use of the vehicle was with permission. The court therefore established that there was coverage under the passenger’s policy but not under the owners’ policy. On the appeal by the passenger’s insurer, we agree with the district court and affirm.

I. Background, Facts and Proceedings.

The single-vehicle accident that led to this lawsuit happened on September 30, 1993. On that date Molly Van Houten was a passenger in a 1987 Chevrolet pickup, and Brenda Stapleton was driving. Brenda lost control of the pickup on a county road and both girls were injured in the resulting accident. At the time of the accident, Brenda had no automobile liability insurance.

Title to the pickup was in the name of Roger A. and Mary J. Hartman (Hartmans). The couple had purchased the pickup primarily for use by their son, Brian. Brian had provided part of the money toward the purchase price of the pickup.

The Hartmans permitted Brian to drive the pickup on a regular basis. On several occasions, however, they gave Brian specific instructions that he was not to permit anyone else to drive the pickup.

At the time of the accident, Brian was a senior and Molly was a sophomore at the same high school. Molly had been Brian’s girlfriend for about a year before the accident. On many occasions she had ridden as *178 a passenger in the pickup with Brian as the driver. The Hartmans had no objection to Molly’s riding in the pickup when Brian was driving it.

Contrary to his parents’ instructions, Brian had permitted Molly to drive the pickup several times before the accident. The Hart-mans, however, were unaware that Molly had driven the pickup.

On the morning of the accident, Molly rode to school with Brenda rather than with Brian because Molly was running late. When she arrived at school, Molly discovered she had left some items at home and needed to return to retrieve them. Molly went to Brian and asked him to drive her home because Brenda’s car was low on gas. Brian told her he could not do so until later. Molly then asked to use the pickup. Without any comment, Brian threw her the keys. He assumed that Molly would be driving.

Later and out of Brian’s presence, Brenda asked Molly if she could drive. Molly gave the keys to Brenda and they left with Brenda driving the pickup.

At the time of the accident, the pickup was covered by an insurance policy issued to Roger A. Hartman by State Farm Mutual Automobile Insurance Company (State Farm). The policy included uninsured motorist coverage.

Molly’s parents, Alan and Barb Van Houten, also had a policy that included uninsured motorist coverage. This policy was in force at the time of the accident. The policy had been issued by Grinnell Mutual Reinsurance Company (Grinnell).

Grinnell filed a declaratory judgment action, naming as defendants State Farm, the Hartmans, the Van Houtens, and Molly (as a minor). The petition asked the court to rule that the State Farm policy provided uninsured motorist coverage to Molly and her parents for Molly’s injuries. In the alternative, the petition asked that neither State Farm’s policy nor Grinnell’s policy provided such coverage.

The parties tried the case to the district court. The court ruled that Molly was not an insured person under the Hartmans’ policy with State Farm. Neither she nor her parents could therefore recover any damages from State Farm under the uninsured motorist provision of the State Farm policy.

The court also ruled that Molly and her parents were insured persons under the Van Houtens’ policy with Grinnell. She and her parents could therefore recover damages for Molly’s injuries from Grinnell under the uninsured motorist provision of the Grinnell policy.

Grinnell appealed, challenging the coverage rulings as to both policies.

II. Scope of Review.

The case was filed as a declaratory judgment action under Iowa Rule of Civil Procedure 261. Nevertheless, we review it as any other judgment. Iowa R. Civ. P. 267; Grinnell Mut. Rein. Co. v. Voeltz, 431 N.W.2d 783, 785 (Iowa 1988). How the parties tried the ease in the district court governs our scope of review. Voeltz, 431 N.W.2d at 785. Because the parties tried this case at law, our review is for error. Id.

The district court’s findings, therefore, have the effect of a jury verdict and are binding on us if supported by substantial evidence. Id. Evidence is substantial if a reasonable mind would accept it as adequate to reach the same findings. Id.

III. The Coverage Issue.

Whether the district court correctly decided the coverage issue depends upon its interpretation of the omnibus uninsured motorist clause of both policies. An “omnibus clause” of an automobile liability insurance policy extends “the coverage of the policy to any person using or responsible for the use of the insured vehicle, provided the actual use is with the permission of the named insured.” Jay M. Zitter, Annotation, Omnibus Clause as Extending Automobile Liability Coverage to Third Person Using Car with Consent of Permittee of Named Insured, 21 A.L.R.4th 1146,1153 (1983).

A number of courts have considered whether coverage extends to a third party, commonly known as a second permittee, who was driving with the express permission of a *179 named insured’s permittee. In their analysis of this issue,

the courts have generally given effect to the requirement in the clause that the use of the automobile must be with the consent or permission of the named insured, and the controlling question involved usually has been whether the initial permission included either authority to the first per-mittee to allow the second permittee to so operate or use the vehicle, or the named insured’s permission to the subpermittee to do so.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Nationwide Agri-Business Insurance Co. v. Goodwin
782 N.W.2d 465 (Supreme Court of Iowa, 2010)
Lee v. Grinnell Mutual Reinsurance Co.
646 N.W.2d 403 (Supreme Court of Iowa, 2002)
Smith v. Bertram
603 N.W.2d 568 (Supreme Court of Iowa, 1999)
Kalvik Ex Rel. Kalvik Ex Rel. Kalvik v. Seidl
595 N.W.2d 136 (Court of Appeals of Iowa, 1999)
Henning v. Security Bank
564 N.W.2d 398 (Supreme Court of Iowa, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
558 N.W.2d 176, 1997 Iowa Sup. LEXIS 18, 1997 WL 24816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grinnell-mutual-reinsurance-co-v-state-farm-mutual-automobile-insurance-iowa-1997.