Hiltner v. Owners Insurance Co.

2016 ND 45, 876 N.W.2d 460, 2016 N.D. LEXIS 45, 2016 WL 742753
CourtNorth Dakota Supreme Court
DecidedFebruary 24, 2016
Docket20140308
StatusPublished
Cited by3 cases

This text of 2016 ND 45 (Hiltner v. Owners Insurance Co.) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hiltner v. Owners Insurance Co., 2016 ND 45, 876 N.W.2d 460, 2016 N.D. LEXIS 45, 2016 WL 742753 (N.D. 2016).

Opinions

McEVERS, Justice.

[¶ 1] The United States District Court for the District of North Dakota certified the following question of law to this Court regarding the proper calculation of an offset provision to underinsured motorist coverage under North Dakota law:

Whether the court should deduct no-fault benefits from the award of past economic damages before reduction for the percentage of fault attributable to plaintiff and other parties for whose-conduct the defendant is not responsible.

We answer the certified question, “No.”

I

[¶ 2] In 2Q10, Amy Hiltnqr was seriously injured when she fell off the trunk of a moving vehicle driven by.Samantha De-nault. Denault’s insurer, paid Hiltner its liability limit under a policy covering the vehicle. Owners Insurance Company provided -underinsured1 coyerage to Hiltner. in an automobile policy issued to her father. In 2012, Hiltner sued Owners in state court for underinsured motorist coverage benefits under North Dakota law, alleging she was injured as a result ,of driver De-nault’s negligent operation of the motor vehicle. ■ Owners removed the action from state court to the United States District Court in North Dakota.

" [¶ 3] Under N.D.R.App,P. 47, the United States District Court provided this Court with the following statement of facts for the certified question:

Amy Hiltner commenced this action for underinsured motorist benefits against Owners. -Insurance Company. Hiltner was injured when she fell-off the trunk of a moving vehicle.. Following a bench trial, the Court apportioned fault as follows: ,
Driver/Insured Samantha Denault . 55%
Passenger Joshua Jeffries 25%
Plaintiff Amy Hiltner 20%
The Court awarded the following damages:
Past Economic Damages $101,874:69
Future Economic Damages $175,000.00
Noneconomic Damages $75,000.00

The parties have stipulated that $30,000.00 has been paid to [Hiltner] for automobile no-fault insurance medical expenses. The parties dispute how the Court should apply the deduction,

[462]*462[Hiltner] contends the no-fault benefits should be deducted from the past economic damages award and then fault apportioned according to the percentage of liability found by the Court, resulting in a net award of past economic damages in the amount of $39,531.08. [Owners] contends the past economic damages award should be apportioned according to the percentage of liability found by the Court and then the no-fault benefits should be deducted from the past economic damages award, resulting in a net award of past economic damages in the amount of $26,031.08[.]

II

[¶ 4] The certified ■ question involves interpretation of the statutory scheme for underinsured motorist coverage. Statutory , interpretation presents a question of law, which is fully reviewable on appeal. Jund v. Johnnie B’s Bar & Grill, Inc., 2011 ND 230, ¶ 9, 814 N.W.2d 776. Words in a statute.are given their plain, ordinary, and commonly understood meaning, unless defined by statute or a contrary ‘ intention ■ plainly appears. N.D.C.C. § 1-02-02. Statutes are construed- as a whole and, if possible, are harmonized to give meaning to related provisions. N.D.C.C. § 1-02-07. If the language of a statute is clear and unambiguous, “the letter of [the statute] is not to be disregarded under the pretext of pursuing its spirit.” N.D.C,C. § 1-02-05. -The language of a statute must be interpreted in context and according to the rules of grammar. N.D.C.C. § 1-02-03. It is presumed that the “entire statute is intended to be effective.” N.D.C.C. § 1-02-38(2). This Court presumes the legislature did not intend an unreasonable result or unjust consequences. See N.D.C.C. § 1-02-38(3); Jund, at ¶ 9. “A statute is ambiguous if it is susceptible to different, rational meanings.” Jund, at ¶ 9. When a statute’s language is ambiguous, a court may consider the object sought to be obtained, former statutory provisions, and legislative history to determine the intention of the legislation. N.D.C.C. § 1-02-39.

Ill

[¶ 5] “Underinsured motorist insurance is a first party coverage arrangement that entitles an insured to compensation for injuries from the insurer.” Wisness v. Nodak Mutual Ins. Co., 2011 ND 197, ¶ 9, 806 N.W.2d 146 (quoting 3 Alan I. Widiss & Jeffrey E. Thomas; Uninsured and Un-derinsured Motorist Insurance § 32.1 n. 1 (3d ed.2005)). In North Dakota, underin-sured motorist coverage is governed by statute. See N.D.C.C. §§ 26.1-40-15.1 to 26.1-40-15.7. Although these statutes provide the minimum requirements for under-insured coverage, an insurer’s policy may provide an insured with greater coverage. See N.D.C.C. § 26.1-40-15.7(5); Jund, 2011 ND 230, ¶ 7, 814 N.W.2d 776; Sandberg v. American Family Ins. Co., 2006 ND 198, ¶ 8, 722 N.W.2d 359; DeCoteau v. Nodak Mut. Ins. Co., 2000 ND 3, ¶ 17, 603 N.W.2d 906. The parties in this case do not contend Owners’ policy provides greater underinsured coverage than required by statute. The resolution of the certified question before us, therefore, is governed by the statutory scheme providing under-insured coverage.

[¶ 6] Under N.D.C.C. § 26.1-40-15.1(2), an “underinsured motor vehicle” means “a motor vehicle for which there is a bodily injury liability insurance policy . in effect at the time of the accident” with a limit that is less than the insured’s underinsured motorist coverage limit or that has been reduced by payments to other persons injured in the accident to an amount less than the insured’s underin-sured limit. In this case, Hiltner and [463]*463Owners do not dispute the Denault vehicle is an “underinsured motor vehicle.”

[¶ 7] Because Hiltner’s underinsured coverage with Owners Was triggered, N.D.C.C. § 26.1-40-15.3(1) provides what the undérinsured coverage must pay:

The insurer shall also provide underin-sured motorist coverage at limits equal to the limits of uninsured motorist coverage. Underinsured motorist 4overage must pay compensatory damages which an insured is legally entitled to collect for bodily injury, sickness, disease, including death resulting therefrom, of such insured, from the owneir or operator of an underinsured motor vehicle arising out of the ownership, maintenance, or use of such underinsured motor vehicle.

(Emphasis added.) Section 26.1-40-15.3(2), N.D.C.C., provides the maximum liability of underinsured coverage:

The maximum liability of the underin-sured motorist coverage is the lower of:
a. . The amount of compensatory damages established but not recovered by any agreement, settlement, or judgment with or for the person or organization legally liable for the bodily injury, sickness, disease, or death resulting therefrom; or
b. The limits of liability of the undprin-sured motorist coverage.,

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Related

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Hiltner v. Owners Insurance Co.
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Bluebook (online)
2016 ND 45, 876 N.W.2d 460, 2016 N.D. LEXIS 45, 2016 WL 742753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hiltner-v-owners-insurance-co-nd-2016.