Horace Mann Insurance v. Hampton

767 P.2d 343, 235 Mont. 354, 1989 Mont. LEXIS 8
CourtMontana Supreme Court
DecidedJanuary 11, 1989
Docket88-212
StatusPublished
Cited by17 cases

This text of 767 P.2d 343 (Horace Mann Insurance v. Hampton) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Horace Mann Insurance v. Hampton, 767 P.2d 343, 235 Mont. 354, 1989 Mont. LEXIS 8 (Mo. 1989).

Opinions

MR. JUSTICE HARRISON

delivered the Opinion of the Court.

Respondent Horace Mann Insurance filed a declaratory judgment action in the District Court of the Fourth Judicial District of Montana, Missoula County, seeking to avoid coverage under its automobile liability policy issued to Bernard and Claudia Wever. The District Court granted summary judgment in favor of respondent, holding that the terms of the policy were violated when the vehicle was not used within the scope of the owners’ consent. We reverse.

On the evening of January 21, 1987, near East Missoula, Montana, Matthew Hampton (Hampton) was seriously injured in an automobile accident caused by Lawrence Blundell (Blundell). Blundell was driving the other vehicle involved in this accident, a 1977 Chevrolet Malibu, owned by Bernard and Claudia Wever. Blundell was under the influence of alcohol, crossed the center line, and struck Hampton’s vehicle nearly head-on. The Wever vehicle was insured by Horace Mann. Blundell had no insurance of his own.

Blundell was a mechanic and rented a shop building and lot from Sophie Wever, Bernard’s mother and de facto owner of the car. Because he was behind in his rent, Blundell agreed with the Wevers to overhaul the engine on the 1977 Chevrolet Malibu in exchange for three months rent credit. On January 21, 1987, at about 5:30 p.m., Blundell took possession of the car at Sophie Wever’s house and drove it a short distance to the shop. Blundell expected another customer to pick up a vehicle which would make room for the Wever car at his shop. Blundell waited for approximately one hour but the customer did not arrive. As a result, Blundell believed it would be unsafe to leave the Wever car at his shop overnight because of possible theft or vandalism. For this reason, and to test drive it for diagnostic purposes, Blundell determined he would drive the car to his home that evening.

At about 6: 30 p.m., Blundell drove with his son in the Wever car to a local tavern. There the two drank beer for several hours and talked. Blundell then drove his son home and was enroute to his home when the accident occurred about 11:15 p.m.

[356]*356Hampton made claim for his damages against Blundell and Wevers’ liability insurer, Horace Mann Insurance Company. Horace Mann filed this declaratory judgment action against Blundell, Hampton, and Safeco Insurance Company of America (Hampton’s uninsured motorist insurer) denying liability coverage to Blundell based on the omnibus clause in its policy which reads in part as follows:

“WHO IS AN INSURED?

“When we refer to your car, a newly acquired car or a temporary substitute car, insured means:

“1. you;

“2. your relatives;

“3. any other person while using your car if its use is within the scope of your consent;”

Horace Mann contends the consensual use of the vehicle granted to Blundell by the Wevers was narrow and that Blundell exceeded the scope of the consent by driving to the tavern for personal purposes and driving while intoxicated. The argument is that the Wevers did not consent to the use of the car for the purpose to which it was applied and for the atrocious behavior of drunk driving and causing an accident. Therefore, the consensual use was extinguished and liability insurance coverage did not extend. The effect of Horace Mann’s argument would be that permittee drivers become uninsured motorists when they exceed the scope of their authorized use.

The issue on appeal is whether Montana’s Mandatory Liability Protection Act, § 61-6-301, MCA, requires automobile liability insurance policies to continue in force and effect for the use by Blundell of Wever’s automobile. We answer that it does extend coverage to the minimum statutory requirement.

Prior to the enactment of § 61-6-301, MCA, Montana relied solely upon a statutory scheme of insurance protection under what is known as the Financial Responsibility Act, or the “Motor Vehicle Safety-Responsibility Act,” § 61-6-101, MCA. Under this act, a driver whose license has been revoked by the state must have proof of financial responsibility as required by the statute. This may be accomplished by filing a certificate of insurance, a bond or a certificate or deposit of money or securities. Section 61-6-132, MCA.

In 1979, Montana’s Legislature enacted the Mandatory Liability Protection Act which reads in part:

[357]*357“61-6-301. Required motor vehicle insurance. (1) Every owner of a motor vehicle which is registered and operated in Montana by the owner or with his permission shall continuously provide insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property suffered by any person caused by maintenance or use of a motor vehicle, as defined in 61-1-102, in an amount not less than that required by 61-6-103, or a certificate of self-insurance issued in accordance with 61-6-143.”

The clear purpose of this statute is to protect innocent members of the general public injured on the highways through the negligence of financially irresponsible motorists. Iowa Mutual Ins. Co. v. Davis (Mont. 1988), [231 Mont. 166,] 752 P.2d 166, 45 St.Rep. 514. As stated in 12A Couch on Insurance 2d (Rev. ed.), § 45:692, the statute is remedial in nature, and insurance policies issued under this scheme must be liberally construed in light of the clear purpose and public policy of the statute — to provide compensation to those injured by automobiles.

In Transamerica Ins. Co. v. Royle (1983), 202 Mont. 173, 656 P.2d 820, we examined a “household exclusion” in an automobile insurance policy in light of the Mandatory Liability Protection Act language requiring insurance protection against bodily injury and property damage to “any person.” We held this statutory language to be an express outlawing of household exclusion clauses.

Similarly, in Bill Atkin Volkswagen Inc. v. McClafferty (1984), 213 Mont. 99, 689 P.2d 1237, we held Montana’s Mandatory Liability Protection Act required an automobile dealer’s insurance to extend to customers using “loaner cars.” By focusing on the statute’s “every owner of a motor vehicle” language, we rejected the argument of the insurance company and held that an automobile dealer, though not an operator, is an owner and therefore required by law to provide liability coverage to its permittees.

Most recently, in Iowa Mutual, supra, we carefully examined the validity of a named driver exclusion in light of the Mandatory Liability Protection Act. We concluded that such an attempted exclusion was contrary to public policy and therefore invalid. The analysis made in Iowa Mutual is particularly pertinent to this case. We there pointed out that under Bill Atkin, other than the specific exceptions listed in § 61-6-303, MCA, there were no exceptions to the statutory requirement that “every owner of a motor vehicle registered and operated in Montana by the owner or with his permission [is] to provide insurance for liability caused by maintenance or use [358]*358of the motor vehicle.” Iowa Mutual, 752 P.2d at 168.

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Horace Mann Insurance v. Hampton
767 P.2d 343 (Montana Supreme Court, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
767 P.2d 343, 235 Mont. 354, 1989 Mont. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horace-mann-insurance-v-hampton-mont-1989.