Hensley v. Aetna Casualty and Surety Company

200 N.W.2d 552, 1972 Iowa Sup. LEXIS 882
CourtSupreme Court of Iowa
DecidedSeptember 19, 1972
Docket55038
StatusPublished
Cited by13 cases

This text of 200 N.W.2d 552 (Hensley v. Aetna Casualty and Surety Company) 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
Hensley v. Aetna Casualty and Surety Company, 200 N.W.2d 552, 1972 Iowa Sup. LEXIS 882 (iowa 1972).

Opinions

LeGRAND, Justice.

This is a declaratory judgment action tried at law by which plaintiff seeks a determination of his rights under a contract of insurance, with defendant, The Aetna Casualty and Surety Company, hereafter called Aetna. Defendant, E. H. Lougee, Inc., hereafter called Lougee, is the agency through which the policy was written. The trial court held the policy afforded coverage to plaintiff for his liability arising out of an accident on October 16, 1966. We reverse the trial court.

The facts are these: Plaintiff had purchased insurance for some time through Lougee. In 1963, he purchased an automobile policy in Aetna through this agent. The policy was issued for a three-month period and was renewable by the payment of additional premiums each quarter. Premiums were paid through April 9, 1965, which maintained the policy in force until July 9, 1965. No premiums were paid thereafter.

On October 16, 1966, plaintiff was involved in an accident which resulted in personal injuries and property damage to the other party and collision loss to plaintiff. The day following the accident, plaintiff completed an accident report at Lougefe’s office. The report was sent to Aetna’s claim office at Omaha. On November 8, 1966, Aetna advised plaintiff he had no insurance coverage and, indeed, had not had any since July 9, 1965, because of non-payment of premium. Aetna refused to defend plaintiff in the suit subsequently brought as a result of the October 16, 1966, accident. This action resulted in judgments against plaintiff totalling $2284.35. He also incurred attorneys’ fees and ex- ' penses in the amount of $1300.05.

By this action plaintiff seeks a determination that his policy was in full force and effect on October 16, 1966; that Aetna was obligated to defend any action and to pay any judgment rendered against him within the limits of its liability; and that Aetna had breached its contract by refusing to defend the suit or to pay the judgments. The trial court entered judgment ordering the defendants to pay the items above listed as well as. plaintiff’s collision damage of $254.14.

The ultimate issue, of. course, is whether the policy in question extended plaintiff coverage on October 16, 1966, despite his failure to pay premiums after April 9, 1965. In Hoefler v. Farm and City Insurance Company, 193 N.W.2d 538 (Iowa 1972) — decided after the trial of the present case — we considered this identical question under somewhat different facts. Unless these factual differences make the Hoefler case inapplicable, it is controlling here. We are unable to distinguish them and therefore reverse the trial court’s judgment for plaintiff.

This was . a law action, and we must accept the trial court’s findings of fact if they find substantial support in the record. Rules 334 and 344(f), 1, Rules of Civil Procedure. However, we are not bound by the rules of law which the court applied to those facts. Omaha Standard, Inc. v. Nissen, 187 N.W.2d 721, 723 (Iowa 1971); Henschel v. Hawkeye-Security Insurance Company, 178 N.W.2d 409, 415 (Iowa 1970).

We hold there is substantial support for the trial court’s findings, but conclude they do not justify the conclusions reached. We disagree with the pronouncement Aetna was obliged to give plaintiff notice of cancellation of his policy under the terms of section 515.80, The Code.

The pertinent policy provisions are of importance here. Under the policy declarations this appears:

“Policy Period — Quarter-annual period commencing 7-09-63 and, subject to the consent of Aetna Casualty, for successive quarter-annual policy periods as provided in Condition 1.”

[554]*554Condition 1 referred to in the declaration states in part:

"Subject to the consent of Aetna Casualty, this policy may be continued in force for successive policy periods by payment of the required continuation premium to Aetna Casualty on or before the effective date of each successive policy period. If such premium is not paid, when due, the policy shall terminate as of that date and such date shall be the end of the policy period. * * * ”

In Hoefler v. Farm and City Insurance Company, supra, we interpreted a similar provision as being beyond the notice requirements of section 515.80. Because we feel that case dictates the result here, we repeat what we said there at page 539 of 193 N.W.2d:

“ * * * The parties agree the issue is simply this: Was the policy issued by defendant to plaintiff for a definite period or an indefinite one ?
“If for an indefinite period, then plaintiff was entitled to notice under section 515.80, The Code, which provides as follows :
“ ‘No policy or contract of insurance * * * shall be forfeited or suspended for non-payment of any premium, assessment, or installment provided for in the policy, * * * unless within thirty days prior to, or on or after the maturity thereof, the company shall serve notice in writing upon the insured that such premium, assessment, or installment is due or to become due * * * which may be made in person, or by mailing in a certified mail letter addressed to the insured at his post office as given in or upon the policy, and no suspension, forfeiture, or cancellation shall take effect until the time thus fixed and except as herein provided, anything in the policy, application, or a separate agreement to the contrary notwithstanding.’
“It is conceded the notice required by this section was not given. Defendant argues, however, that the statute has no application because this is not a suspension, forfeiture or cancellation but merely the expiration of a policy under its specific terms. Defendant argues further that the case is governed by rule 9, Rules of the Insurance Department. (Iowa Departmental Rules, 1966; now appearing as rules 16.1(1) and 16.1(2), I.D.R., 1971) The rule is in part as follows :
“ ‘A contract of insurance may specifically provide for a specific term of duration, in which event the contract automatically expires at the end of that term, without the giving of any notice. For illustration, a policy written for a term of one year with the premium paid in advance automatically expires at the end of the year.’
⅜ ⅝ ⅝ ⅝ ⅜ ⅜
“We find no ambiguity or uncertainty here. The policy was written for a definite and certain period. Both starting and terminating dates were given with certainty. There could be no possible misunderstanding about the term of the policy or its expiration date.
* * * * *
“We hold the policy issued by defendant was for a ‘specific term of duration’ and that, under rule 9 of the Insurance Department’s regulations above referred to, defendant company was not required to give the notice provided for in section 515.80. * * *”

In the present case, too, we hold the policy is for a “definite and certain period.” It terminated by its own specific terms and defendant was not required to give the notice provided for in section 515.80.

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Hensley v. Aetna Casualty and Surety Company
200 N.W.2d 552 (Supreme Court of Iowa, 1972)

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Bluebook (online)
200 N.W.2d 552, 1972 Iowa Sup. LEXIS 882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hensley-v-aetna-casualty-and-surety-company-iowa-1972.