Hughes v. State Farm Mutual Automobile Insurance Co.

236 N.W.2d 870, 1975 N.D. LEXIS 143
CourtNorth Dakota Supreme Court
DecidedDecember 17, 1975
DocketCiv. 9141
StatusPublished
Cited by111 cases

This text of 236 N.W.2d 870 (Hughes v. State Farm Mutual Automobile 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
Hughes v. State Farm Mutual Automobile Insurance Co., 236 N.W.2d 870, 1975 N.D. LEXIS 143 (N.D. 1975).

Opinions

PAULSON, Judge.

This is an appeal by the plaintiff, Donald T. Hughes [hereinafter Donald], and a cross-appeal by the defendant State Farm Mutual Automobile Insurance Company [hereinafter State Farm], from a judgment of the Cass County District Court declaring that State Farm was not liable under the terms of an insurance policy for liability incurred by Donald for injuries sustained by his wife, Maurine Hughes [hereinafter Maurine], in a snowmobile accident, but declaring that State Farm was liable for the sum of $10,000 for failure to provide uninsured motorist coverage as required by § 26-02— 42, N.D.C.C., for such injuries.

The facts in this declaratory judgment action are not in dispute, and have been stipulated. They are, in pertinent part:

“I.
“At all times material to the resolution of this dispute, the defendant Maurine Hughes was married to the plaintiff Donald T. Hughes and was a resident in the same household as Donald T. Hughes at 215 Lincoln Drive, Grand Forks, North Dakota.
“II.
“On or about January 15,1971, Mr. and Mrs. Hughes applied for a policy of recreational vehicle insurance with the State Farm Mutual Automobile Insurance Company for a 1971 Arctic Cat snowmobile. A copy of their application, signed by Maurine H. Hughes, is attached hereto and marked Exhibit ‘A’.
“III.
“Pursuant to the application, the defendant State Farm Mutual Automobile Insurance Company issued its recreational vehicle policy effective January 15, 1971. A true and correct copy of that policy is attached hereto marked Exhibit ‘B’. This policy was renewed from time to time and was in full force and effect during all of the times material to this action.
“IV.
“On January 21, 1973, at about 3:00 o’clock P.M., Donald T. Hughes was operating the snowmobile referred to and described in Exhibits ‘A’ and ‘B’ on the Red River of the North within the city limits of the City of Grand Forks, North Dakota, at a point between the Sorlie Bridge and the Point Bridge. At that time the defendant Maurine Hughes was a passenger on the snowmobile operated by her husband. A collision occurred between such snowmobile and another snowmobile owned by one Vernon C. Sanders and in that collision the defendant Maurine Hughes sustained personal injuries.
“V.
“On January 30, 1974, Maurine Hughes brought suit against Donald T. Hughes and Vernon Sanders in the District Court of Grand Forks County, North Dakota, First Judicial District. The defendant State Farm Mutual Automobile Insurance Company had actual notice of the pendency of that action but refused to defend. A true and correct copy of a letter sent by this defendant to the plaintiff concerning its refusal is hereto attached and marked Exhibit ‘C’. Likewise attached hereto as Exhibit ‘D’ is the complaint in the action and Exhibit ‘E’, the findings of fact, conclusions of law, order for judgment and judgment in the case.
“VI.
“While the parties do not wish to unduly restrict themselves, the following statement of each party’s position is giv[875]*875en but intended to be merely explanatory:
“A. Plaintiff’s position is:
“1. That the insurance policy between Donald T. Hughes and the defendant State Farm Mutual Automobile Insurance Company provides coverage for the injuries sustained by Maurine Hughes; that the exclusion relied upon by the defendant, State Farm Mutual Automobile Insurance Company, i. e., commonly known as the ‘family exclusion clause’ is void as being contrary to the statutes and public policy of the State of North Dakota.
“2. In the alternative Donald T. Hughes contends that if plaintiff is not successful under contention 1 above, that he is entitled to protection under the policy in any event as the policy fails to provide uninsured motorist coverage as required by section 26-02-42, North Dakota Century Code.
“B. The defendant State Farm Mutual Automobile Insurance Company’s position is:
“1. The policy provisions found under ‘Exclusions, Section 1(H)’ known as a family exclusion clause prohibit insurance coverage in any action or claim by Maurine Hughes since she is a named insured, is a member of the family of Donald T. Hughes and resides in the same household as Donald T. Hughes.
“2. The defendant further denies that Donald T. Hughes is entitled to protection for uninsured motorist coverage on the grounds that a snowmobile is not a motor vehicle within the meaning of the North Dakota Uninsured Motorist statute. . . .”
[The Exhibits, “A”, “B”, “C”, “D”, and “E” referred to in the stipulation are included in the record.]

We are therefore presented with two issues on this appeal:

1. Is the so-called “household, or family, exclusion clause” contained in the policy of liability insurance issued by State Farm valid and enforceable under the statutes and public policy of our State?

'2. Must an insurance company, which issues a liability policy for a snowmobile, provide uninsured motorist coverage as part of that policy, as such coverage is defined by § 26-02-42, N.D.C.C.?

The first question which we must resolve in determining the proper disposition of the two issues is whether or not a snowmobile is, in fact, a “motor vehicle” as that term is used in Title 39, N.D.C.C., and in § 26-02-42, N.D.C.C. A “motor vehicle” is defined in § 39-01-01(32), N.D.C.C., as:

“. . . every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails;”

The term “vehicle” is defined in § 39-01-01(72), N.D.C.C., as:

“. . . every device in, upon, or by which any person or property may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.”

Such definitions are identical to the definitions in the Uniform Vehicle Code, § 1— 134 (“motor vehicle”) and § 1 — 184 (“vehicle”), from which much of Title 39, N.D. C.C., is derived.

In § 39-24-01(2), N.D.C.C., a “snowmobile” is defined, for purposes of Chapter 39-24, as:

“. . . a self-propelled vehicle designed for travel on snow, ice, or a natural terrain and steered by wheels, skis, or runners.”

Such definition, for the purposes of Chapter 39-24, N.D.C.C., does not, however, preclude a conclusion that a snowmobile is a motor vehicle under Title 39, N.D.C.C.

On October 1, 1969, the Attorney General of North Dakota, in an official [876]*876opinion, stated that a snowmobile was indeed a “motor vehicle” under North Dakota law, and he therefore concluded that a portion of each snowmobile registration fee was to be set aside for contribution to the state’s Unsatisfied Judgment Fund, which is used as one possible source of compensation for accident victims when the vehicle’s operator does not carry liability insurance.1 July 1, 1970, Att’y Gen.Rep., pp. 236-240.

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Bluebook (online)
236 N.W.2d 870, 1975 N.D. LEXIS 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-state-farm-mutual-automobile-insurance-co-nd-1975.