Horace Mann Insurance v. Worthy

600 A.2d 1151, 90 Md. App. 273, 1992 Md. App. LEXIS 27
CourtCourt of Special Appeals of Maryland
DecidedFebruary 3, 1992
Docket352, September Term, 1991
StatusPublished
Cited by3 cases

This text of 600 A.2d 1151 (Horace Mann Insurance v. Worthy) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland 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. Worthy, 600 A.2d 1151, 90 Md. App. 273, 1992 Md. App. LEXIS 27 (Md. Ct. App. 1992).

Opinions

MOTZ, Judge.

In this case we hold that an estate can recover personal injury protection (PIP) benefits under a decedent’s automobile insurance policy for loss of post-mortem income.

(i)

On October 26, 1988, the automobile of Charlotte Worthy (decedent) struck a light pole; she died instantly. Her father, appellee, Emmitt Worthy (Worthy), was appointed personal representative of her estate. As personal representative, Worthy made a claim against appellant, Horace Mann Insurance Company (the Company), under the PIP provision of his daughter’s automobile insurance policy. The Maryland Personal Injury Protection Endorsement of the policy provided in relevant part that:

[275]*275The company will pay the following benefits for loss and expense incurred because of bodily injury caused by accident and involving a motor vehicle:
* * * * * *
(b) Income continuation benefits to or on behalf of each injured person who at the time of the accident was an income producer.

Worthy’s claim on behalf of the Estate was for “loss of income,” including income that the decedent would have earned had she not been killed. The Company refused to pay the claim on the ground, inter alia, that “loss of income” did not include post-mortem income. Worthy filed a Complaint for Declaratory Judgment in the Circuit Court for Prince George’s County. Both parties filed Motions for Summary Judgment. The trial court (Femia, J.) granted Worthy’s motion as to coverage under the policy, and denied that of the Company. The Company’s sole contention on appeal is that:

The trial court erred in ruling that the decedent’s estate can recover personal injury protection benefits for loss of post mortem income.
(ii)

Since decedent died instantaneously, the Company maintains that her estate is not entitled to recover “income continuation benefits.” The company makes one subsidiary and one principal argument in support of that claim. We address the subsidiary argument first.

The Company argues that allowing recovery for loss of post-mortem income in this situation would transform liability policies into a form of life insurance. Loss of income is not recoverable under a life insurance policy. Rather, life insurance is a fixed sum, automatically payable upon the death of the insured. Although it is true that both in this case, and one which involves a life insurance policy, the insured is deceased, the similarities between the two situations end there. Payment of income continuation

[276]*276benefits is not automatic under the policy, but rather the claimant must be an income producer and must prove the loss claimed. Md.Ann. Code art. 48A, § 544(a) (1991). See Freeze v. Donegal Mut. Ins. Co, 504 Pa. 218, 470 A.2d 958, 961 (1983) (rejecting argument that payment of PIP work loss benefits to estates of deceased victims makes PIP policy “in effect, a ... life insurance policy”).

The Company’s principal claim is that Maryland Annotated Code article 48A, § 539 limits recovery of “income continuation benefits” under the policy to the period during which the insured is injured, but still alive. Nothing in § 539 so states. Rather § 539 simply provides:

(a) No policy of motor vehicle liability insurance shall be issued, sold or delivered in this State ... unless the policy also affords the minimum medical, hospital and disability benefits set forth herein; ... The minimum medical, hospital and disability benefits shall include ... payment of benefits for loss of income as a result of the accident.1

The Company’s argument is: the statute “terms the benefits available for a 'loss of income’ as ‘disability benefits’ ” and, since only a living individual can be “disabled,” only a living individual may recover under the policy for “loss of income.”

In support of this argument, the Company cites South Carolina and Florida cases for the proposition that the word “disability” in a state statute implies that the insured must be alive to collect “income continuation” benefits. The South Carolina and Florida cases are, however, distinguishable from the one at hand. In each of those cases the language of the insurance policy, not just the state no-fault statute, specifically limited recovery for “loss of income” to a “period of disability.” See Hamrick v. State Farm Mut. Auto. Ins. Co., 270 S.C. 176, 241 S.E.2d 548, 549 (1978) [277]*277(“disability” used “in the statute and in the policy refers to lack of ability to earn while one is living” (emphasis added)); Benton v. State Farm Mut. Auto. Ins. Co., 295 So.2d 344 (Fla.App.1974) {policy which provided for PIP loss of income benefits only “with respect to the period of disability of the injured person” held not to entitle estate to postmortem benefits); Griffin v. Travellers Indem. Co., 328 So.2d 207 (Fla.App.1976) (same). There is no such limitation in the policy at issue here; in fact, the word “disability” does not appear anywhere in the policy near the term “loss of income.” Rather, the policy limits recovery for “loss of income” only to that “incurred within three years from the date of the accident.”

Accordingly, the Company’s claim that § 539 itself limits the benefits recoverable under the policy is incorrect. Indeed, the Company’s emphasis on the phrase “disability benefits” contained in the statute is misplaced. Since § 539 specifically provides that policies issued pursuant to it must afford minimum medical, hospital, and disability benefits to victims of accidents and their families without regard to fault, the emphasis is more properly placed on the word “minimum.” See Pennsylvania Nat’l Mut. Cas. Ins. Co. v. Gartelman, 288 Md. 151, 154-156, 416 A.2d 734 (1980). In sum, the statute acts as a floor, not a ceiling, for liability insurance policies. This is not an unusual result. Generally, insurance policies are not limited to the protection mandated by a statute, but rather can, and often do, provide greater coverage. See generally, 7 Blashfield, Automobile Law and Practice, § 272.10. (3d ed. 1987). See also Mizoguchi v. State Farm Mut. Auto Ins. Co., 66 Haw. 373, 663 P.2d 1071, 1074 (1983) (“statutory provisions regarding basic no-fault benefits set minimum benefits, which the parties are allowed to exceed”); National Investors Fire & Cas. v. Edwards, 5 Ark.App. 42, 633 S.W.2d 41, 43 (1982) (no-fault statute requires “minimum coverage be provided in all policies; it does not prohibit an insurer from providing broader coverage than mandated”). Because the policy at issue here does not violate the no-fault statute in providing [278]*278greater protection than mandated, we turn to the ordinary rules of contract law to construe the terms of the policy.

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Related

da Cunha v. State Farm Fire & Casualty Co.
632 A.2d 518 (Court of Special Appeals of Maryland, 1993)
Horace Mann Insurance v. Worthy
600 A.2d 1151 (Court of Special Appeals of Maryland, 1992)

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Bluebook (online)
600 A.2d 1151, 90 Md. App. 273, 1992 Md. App. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horace-mann-insurance-v-worthy-mdctspecapp-1992.