IMT Insurance Co. v. Crestmoor Golf Club

702 N.W.2d 492, 23 I.E.R. Cas. (BNA) 586, 2005 Iowa Sup. LEXIS 113, 2005 WL 1993931
CourtSupreme Court of Iowa
DecidedAugust 19, 2005
Docket65/04-0904
StatusPublished
Cited by7 cases

This text of 702 N.W.2d 492 (IMT Insurance Co. v. Crestmoor Golf Club) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
IMT Insurance Co. v. Crestmoor Golf Club, 702 N.W.2d 492, 23 I.E.R. Cas. (BNA) 586, 2005 Iowa Sup. LEXIS 113, 2005 WL 1993931 (iowa 2005).

Opinions

WIGGINS, Justice.

This appeal involves a petition for declaratory judgment filed by an insurance company requesting judgment that it did not have a duty to defend or indemnify under its policy of insurance. The district court found coverage to exist for the claims of negligent supervision and retention. Thus, the insurance company was required to defend or indemnify regarding those claims. The insurance company appeals contending various exclusions in the policy exclude coverage. We reverse the decision of the district court and remand the case to enter judgment in favor of the insurance company because the policy provides “[t]his insurance does not apply under any of the coverages to damages arising out of ... the liability of the insured for the misconduct of ... any other person,” thereby excluding coverage for the claims of negligent supervision and retention.

I. Background Facts and Proceedings.

Tabitha Lynnae Cottrell, a former female employee of Crestmoor Golf Club d/b/a Crestmoor Country Club (Crestm-oor) claims her supervisor, Galen Krieger, made inappropriate sexual comments to her, touched her inappropriately, and sexually assaulted her. She later complained to Crestmoor personnel. She alleges when she returned to work at Crestmoor, “other managers ridiculed her complaint and engaged in other improper conduct toward her.” She further claims Crestm-oor constructively discharged her. As a result of the actions of her supervisor and Crestmoor, she claims she suffered humiliation, alienation, severe emotional distress, and economic harm.

She filed a complaint in the United States District Court against Crestmoor [495]*495and Krieger. She also filed a petition against the same defendants in state court, making the same allegations as she made in federal court. She alleged federal and state claims of sexual harassment and retaliation against Crestmoor. She additionally alleged claims of negligent supervision, negligent retention, tortious infliction of severe emotional distress, and a claim of respondeat superior against Crestmoor.

Relevant to this appeal, she alleged “Crestmoor knew, or should have known, that Krieger harassed and acted inappropriately toward other employees prior to Krieger’s harassment and assault on [her].” Her allegation of negligent supervision claimed: “Crestmoor, its agents, board members, servants, and employees were negligent in failing to properly supervise and control the activities of Krieger.” Her allegation of negligent retention claimed: “Crestmoor, its agents, board members, servants, and employees were negligent in retaining and failing to terminate Krieger.” As a proximate cause of Crestmoor’s negligent supervision and retention of Krieger, Cottrell asked for damages.

Crestmoor purchased a contract of insurance through IMT Insurance Company (IMT). This policy was in force at the time of the alleged incident. Although Crestmoor and Krieger timely requested IMT defend them from the claim, IMT denied the request asserting there was no coverage under the terms and provisions of the insurance contract existing between IMT and Crestmoor. IMT filed a petition for declaratory judgment requesting judgment that it did not have a duty to defend or indemnify Crestmoor or Krieger under its policy of insurance. IMT also named Cottrell as a defendant.

The parties submitted the coverage case to the court as a bench trial on stipulated facts. The parties stipulated the IMT insurance policy did not provide coverage for the claims against Krieger, individually, or for the claims against Crestmoor based on theories other than negligent supervision and retention. Therefore, the issue before the district court was whether the IMT policy provided coverage for the negligent supervision and retention claims brought against Crestmoor. The district court determined insurance coverage existed for the negligent supervision and retention claims requiring IMT to defend and indemnify Crestmoor on those claims. IMT appeals.

II. Issue.

Although IMT raises numerous issues on appeal, one is dispositive: whether the amendatory endorsement exclusion, which provides “[t]his insurance does not apply under any of the coverages to damages arising out of ... the liability of the insured for the misconduct of ... any other person,” is applicable to this case.

III. Scope of Review.

“A declaratory judgment action tried at law limits our review to correction of errors at law. We are bound by well-supported findings of fact, but are not bound by the legal conclusions of the district court.” Am. Family Mut. Ins. Co. v. Petersen, 679 N.W.2d 571, 575 (Iowa 2004) (citing United Fire & Cas. Co. v. Shelly Funeral Home, Inc., 642 N.W.2d 648, 651 (Iowa 2002)).

IV. Analysis.

General Principles of Insurance Contract Construction and Interpretation. We have long adhered to the following principles regarding interpretation and construction of insurance contracts:

“The cardinal principle in the construction and interpretation of insurance policies is that the intent of the parties at [496]*496the time the policy was sold must control. Except in cases of ambiguity, the intent of the parties is determined by the language of the policy. ‘An ambiguity exists if, after the application of pertinent rules of interpretation to the policy, a genuine uncertainty results as to which one of two or more meanings is the proper one.’ ”

Am. Family Mut. Ins. Co. v. Corrigan, 697 N.W.2d 108, 111 (Iowa 2005) (quoting LeMars Mut. Ins. Co. v. Joffer, 574 N.W.2d 303, 307 (Iowa 1998)). “Where neither party offers any extrinsic evidence concerning the meaning of the policy language, the process of construing or interpreting the meaning of the words used is a matter of law for the court to decide.” Nationwide Mut. Ins. Co. v. Kelly, 687 N.W.2d 272, 274 (Iowa 2004).

Because insurance policies are adhesion contracts, we construe ambiguous terms in the insured’s favor. Cairns v. Grinnell Mut. Reins. Co., 398 N.W.2d 821, 824 (Iowa 1987); see also Joffer, 574 N.W.2d at 307 (stating, “[exclusions from coverage are construed strictly against the insurer”). “It is therefore incumbent upon an insurer to define clearly and explicitly any limitations or exclusions to coverage expressed by broad promises.” Cairns, 398 N.W.2d at 824. Even in cases of doubt as to whether a claim is covered by the policy, the doubt must be resolved in the insured’s favor. N. Star Mut. Ins. Co. v. Holty, 402 N.W.2d 452, 454 (Iowa 1987).

The Amendatory Endorsement Exclusion. The policy of insurance issued to Crestmoor contains an amendatory endorsement that states:

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702 N.W.2d 492, 23 I.E.R. Cas. (BNA) 586, 2005 Iowa Sup. LEXIS 113, 2005 WL 1993931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/imt-insurance-co-v-crestmoor-golf-club-iowa-2005.