Gross v. General Casualty Insurance Co.

438 N.W.2d 378, 1989 Minn. App. LEXIS 450, 1989 WL 35599
CourtCourt of Appeals of Minnesota
DecidedApril 18, 1989
DocketNo. C0-88-2381
StatusPublished
Cited by2 cases

This text of 438 N.W.2d 378 (Gross v. General Casualty Insurance Co.) 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
Gross v. General Casualty Insurance Co., 438 N.W.2d 378, 1989 Minn. App. LEXIS 450, 1989 WL 35599 (Mich. Ct. App. 1989).

Opinion

OPINION

HUSPENI, Judge.

Appellant, David M. Gross, alleges that the trial court erred in denying his motion to compel arbitration with respondent General Casualty Insurance Company, and urges that because he paid separate uninsured motorist premiums to separate uninsured motorist carriers, he should be allowed to compel arbitration despite his previous full recovery from another insurer. We affirm.

FACTS

The facts of this matter are not disputed. On May 22, 1984, while on his motorcycle, appellant collided with an uninsured motorist. American Family Insurance Company (American Family) insured the cycle. $100,000 of uninsured motorist coverage was included in the policy covering the cycle. Appellant also had automobile insurance with respondent which included uninsured motorist coverage. Appellant paid separate premiums to each company and both policies were in effect at the time of the collision.

On January 12, 1988, appellant informed respondent that he would be entering arbitration with American Family regarding damages sustained in the 1984 accident. That arbitration resulted in an award of $50,000 to appellant as full compensation for all bodily injuries resulting from the accident. In addition, appellant had already received certain nominal monies from American Family, and released all claims against that insurer. American Family was also subrogated to appellant’s claims against the uninsured motorist, and was aware that appellant had uninsured motorist coverage provided by respondent.

Respondent did not participate in the arbitration, nor has American Family made any claim of contribution against respondent. When appellant sought a separate recovery from respondent, respondent denied any obligation to pay, claiming that under the rule of Integrity Mutual Insurance Co. v. State Automobile and Casualty Underwriters Insurance Co., 307 Minn. 173, 239 N.W.2d 445 (1976), respondent’s policy provided only excess coverage, that American Family was the “primary insurer,” and that appellant had been fully compensated by the arbitration award. Appellant’s subsequent motion to compel arbitration between himself and respondent was denied.

ISSUE

Did the trial court err in denying appellant’s motion for arbitration with respondent after prior arbitration with a third party insurance company fully compensated appellant for his damages?

ANALYSIS

Appellant does not dispute that the arbitration award from American Family fully compensated him for his injuries. Instead, he argues he is entitled to double recovery because he paid separate premiums to separate uninsured motorist carriers, that these premiums resulted in uninsured motorist coverage beyond that required by law, and therefore that the trial court erred in denying the motion to compel arbitration with respondent. We disagree.

In Minnesota, all motor vehicle insurance policies are required to include uninsured motorist coverage, see Minn. Stat. § 65B.49, subd. 4(1) (1982). “[Uninsured motorist protection is not coverage for vehicles but for persons.” Integrity, 307 Minn. at 177-78 n. 3, 239 N.W.2d at 448 n. 3. Thus, parties who have multiple motor vehicle insurance policies and are injured by an uninsured motorist

can look for coverage * * * to those insurance policies under which they are insureds, * * * whether or not their injuries are related to vehicles covered under those policies.

[380]*380Doerner v. State Farm Mutual Auto Insurance Co., 337 N.W.2d 394, 396 (Minn.1983). Therefore, both of appellant’s insurance policies are potentially available to him as a result of his accident.

The supreme court has stated that uninsured motorist coverage “is in effect a substitute for [the] insurance that the tort-feasor should have had.” Van Tassel v. Horace Mann Insurance Company, 296 Minn. 181, 189, 207 N.W.2d 348, 363 (1973). As such, that coverage

should result in the policyholder’s receiving what he paid for on each policy, up to the full amount of his damages.

Id. at 187, 207 N.W.2d at 352 (emphasis added).

A basic premise of insurance law is that a double recovery is generally to be avoided. This is consistent with the supreme court’s declaration that:

the overall purpose of the uninsured-motorist coverage statute was to provide policyholders * * * recovery for personal injuries but only to the extent necessary to permit the insured to recover his actual loss and not to such an extent that he would recover more than that loss.

Milbank Mutual Insurance Co. v. Kluver, 302 Minn. 310, 313, 225 N.W.2d 230, 232 (1974) (emphasis added). See also Minn. Stat. §§ 65B.47, subd. 5; 65B.42(2), (5) (1982).

Appellant argues that because he already had uninsured motorist coverage under his policy with respondent, his uninsured motorist coverage through American Family was not required by Minn.Stat. § 65B.49, was essentially “optional” additional insurance, and therefore he should be allowed recovery both under the required and the “optional” insurance coverages. Citing Wallace v. Tri-State Insurance Co., 302 N.W.2d 337 (Minn.1980) and Brunmeier v. Farmers Insurance Exchange, 296 Minn. 328, 208 N.W.2d 860 (Minn.1973), appellant contends that

[Minnesota] courts have consistently held that mandated first party coverages should not be defeated merely because an insured held another policy which also covered the occurrence.

Both appellant’s argument regarding “optional” coverages and his reliance on Wallace and Brunmeier ave misplaced. We note initially that in both Wallace and Brunmeier two different types of insurance were involved. In Wallace, there were no-fault and group health insurance, and the Wallace court noted that Minn. Stat. § 65B.61, subds. 1 and 3 (1978) allowed recovery of health benefits in addition to no-fault benefits. Wallace, 302 N.W.2d at 339-40. Brunmeier involved workers’ compensation and uninsured motorist coverage. The Brunmeier court allowed recovery of both types of benefits, noting that:

in the ordinary situation, the tortfeasor’s liability carrier would have no right to deduct workman’s compensation from an award made on behalf of an injured party, as that is strictly a matter between the injured employee and his compensation carrier.

Brunmeier at 334, 208 N.W.2d at 864.

Regarding the optional nature of his insurance, appellant argues that stacking is applicable only to legislatively mandated coverages and that the combination of uninsured motorist coverages here results in “optional” coverage, and therefore recovery should be permitted against both of his policies.

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Cite This Page — Counsel Stack

Bluebook (online)
438 N.W.2d 378, 1989 Minn. App. LEXIS 450, 1989 WL 35599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gross-v-general-casualty-insurance-co-minnctapp-1989.