Houser v. Gilbert

389 N.W.2d 626, 1986 N.D. LEXIS 345
CourtNorth Dakota Supreme Court
DecidedJune 19, 1986
DocketCiv. 10999, 11000 and 11019
StatusPublished
Cited by25 cases

This text of 389 N.W.2d 626 (Houser v. Gilbert) 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
Houser v. Gilbert, 389 N.W.2d 626, 1986 N.D. LEXIS 345 (N.D. 1986).

Opinions

MESCHKE, Justice.

Three insurance companies seek review of the apportionment of their responsibilities for a judgment against their common insureds in a wrongful death action, which arose out of a truck collision. We affirm the trial court in part and reverse in part.

The Brakke family, while trucking sugar-beets from an adjacent field, deposited mud and dirt on the highway. A light rain exacerbated slippery conditions, causing Timothy Gilbert to lose control of his semi-truck and strike Russell Houser’s semi-truck head-on. The jury found that the Brakkes’ negligence was the sole cause of the accident that resulted in Houser’s death and held the Brakkes liable to Houser’s family for $378,000.1

Brakkes were insured by two vehicle policies, one issued by Tri-State which covered [628]*628one truck and one issued by Milbank which covered the other two trucks. Brakkes also had a farm liability policy issued by Austin. Third-party disputes between these insurers were severed from the main action before trial.

Tri-State and Milbank moved for summary judgment against Austin, while Austin made a cross motion for summary judgment. Austin and Tri-State in turn sought a judgment declaring Milbank’s liability to be $100,000 for each of its two insured vehicles rather than $100,000 for both vehicles.

No testimony was taken on these issues. The trial court had only the policies before it. The trial court concluded that the loss was caused by both vehicle-related acts (use of the trucks to deposit dirt and mud on the highway) and nonvehicle-related acts (failure to remove the mud from the highway once deposited or to warn of the danger), but held that the vehicle policies made Tri-State and Milbank primary insurers, while Austin’s farm liability policy provided coverage on an excess basis. The court' also determined that Milbank’s liability limit was $100,000.

Tri-State and Milbank argue that the trial court erred in concluding that the vehicle policies provided coverage and also erred in holding Austin liable only on an excess basis. Austin and Tri-State argue that the court erroneously concluded that Milbank’s liability was only $100,000.

We conclude that all three policies provided coverage and that the trial court did not err in holding that Milbank’s liability was only $100,000. However, we hold that the trial court erred in holding that Austin was liable only on an excess basis.

I. VEHICLE POLICIES COVERAGE

Milbank and Tri-State contend that the vehicle policies did not apply because the trucks involved were not being used for transportation purposes at the time of the accident and therefore the loss was not caused by “the maintenance or use of a motor vehicle as a vehicle.”

We have said that in order for use of a vehicle to result in liability on the part of the insurance carrier, there must be a causal relationship between the use of the vehicle and the accident. The use “must be such use as arises out of the inherent nature of the automobile.” Norgaard v. Nodak Mutual Insurance Company, 201 N.W.2d 871, 874 (N.D.1972). We found the requisite causal relationship lacking in Nor-gaard where the loss occurred by use of the vehicle as a bench rest for a rifle, not from use of the vehicle for transportation.

But, it is obvious here that the mud could not have been deposited on the roadway without use of the trucks. The causal connection is present and the trial court correctly held that the Tri-State and Mil-bank vehicle policies provided coverage for injuries caused by that vehicle-related activity.

II. LIMITS OF ONE POLICY ON TWO VEHICLES

The declarations pages of the Milbank policy separately listed six vehicles insured under the policy, including two of the trucks used to haul sugarbeets. Each vehicle’s coverage was separately listed as “BI-100/300.” There is no disagreement that this is a shorthand reference for coverage of $100,000 for bodily injury damages sustained by any one person in any one automobile accident and for $300,000 maximum limit of liability for all damages for bodily injury resulting from any one automobile accident.

The policy included a “Limits of Liability” provision:

“The limit of liability shown in the Declarations for ‘each person’ for Bodily Injury Liability is our maximum limit of liability for all damages for bodily injury sustained by any one person in any one auto accident. Subject to this limit for ‘each person’, the limit of liability shown in the Declarations for ‘each accident’ for Bodily Injury Liability is our maximum limit of liability for all damages for bodily injury resulting from any one auto accident. The limit of liability shown in [629]*629the Declarations for ‘each accident’ for property damage liability is our maximum limit of liability for all damages to all property resulting from any one auto accident.
“This is the most we will pay regardless of the number of covered persons, claims made, vehicles or premiums shown in the Declarations, or vehicles involved in the auto accident.
“We will apply the limit of liability to provide any separate limits required by law for bodily injury and property damage liability. However, this provision will not change our total limit of liability.”

It is uncommon, where a single policy covers more than one vehicle, that two or more of the covered vehicles are involved in a single occurrence. The question of “stacking” coverages under a single multi-vehicle policy normally arises where only one of the insured vehicles is involved in an accident. In that context, this court has held that a policy limitation prohibiting the stacking of uninsured motorist coverage is enforceable and observed that other courts which have addressed various aspects of stacking have come up with widely divergent conclusions. St. Paul Mercury Insurance Company v. Andrews, 321 N.W.2d 483, 489 (N.D.1982).

Stacking has often been allowed for medical payment and uninsured motorist coverages. But, when considering liability coverage “the courts, with near uniformity, have held the first party coverage cases [on medical payment and uninsured motorist coverages] to be inapplicable and have found the policy to be unambiguous and to preclude ‘stacking.’ ” Oarr v. Government Employees Insurance Company, 39 Md.App. 122, 383 A.2d 1112, 1117 (1978). Preclusion of stacking is sensible where only one of the insured vehicles is involved. Pacific Indemnity Company v. Thompson, 56 Wash.2d 715, 355 P.2d 12 (1960). Generally, bodily injury coverage is automobile-based, rather than person-based, and “is clearly insurance on the vehicle. ...” Oarr, 383 A.2d at 1117.

But, decisions involving stacking of coverage under a single policy for several vehicles involved in the same occurrence have gone both ways, depending upon subtle policy differences. In Inman v. Hartford Insurance Group, 132 Mich.App. 29,

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Houser v. Gilbert
389 N.W.2d 626 (North Dakota Supreme Court, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
389 N.W.2d 626, 1986 N.D. LEXIS 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houser-v-gilbert-nd-1986.