Integon Indemnity Corp. v. Universal Underwriters Insurance

447 S.E.2d 512, 116 N.C. App. 279, 1994 N.C. App. LEXIS 908
CourtCourt of Appeals of North Carolina
DecidedSeptember 6, 1994
DocketNo. 9228SC1233
StatusPublished
Cited by1 cases

This text of 447 S.E.2d 512 (Integon Indemnity Corp. v. Universal Underwriters Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Integon Indemnity Corp. v. Universal Underwriters Insurance, 447 S.E.2d 512, 116 N.C. App. 279, 1994 N.C. App. LEXIS 908 (N.C. Ct. App. 1994).

Opinion

COZORT, Judge.

Plaintiff appeals from the trial court’s order holding that plaintiff’s insured was not an insured under defendant’s insurance policy and that defendant had no obligation to indemnify plaintiff’s insured and no duty to defend plaintiff’s insured for claims arising out of a motor vehicle accident.

On 13 December 1991, plaintiff insurance company filed a declaratory judgment action seeking a determination of the rights of the parties with respect to policy coverage arising out of an automobile accident on 5 March 1989. On 1 October 1992, the trial court found facts which can be summarized as follows: On 5 March 1989, Brandy Dryman was injured when a vehicle driven by Lisa Gaddy overturned. The vehicle was a 1988 Peugeot owned by Meeker Lincoln-Mercury, Inc., loaned to Hope and Allen Bridges, Lisa Gaddy’s parents, and driven with permission from the Bridges. Brandy Dryman and her parents filed suit seeking recovery for personal injury, medical bills, and other related expenses. The lawsuit was settled for $18,000.00 which plaintiff paid. At the time of the accident, Meeker Lincoln-Mercury was insured by defendant Universal Underwriters Insurance Company. The Bridges held an automobile liability policy with plaintiff Integon. The parties stipulated and the court found:

11.... “Meeker Lincoln Mercury, Inc. loaned the 1988 Peugeot to Hope and Allen Bridges because a Chevrolet automobile owned by Hope Bridges and insured by Plaintiff was out of its normal use because of the need for repairs due to damages sustained in a collision.”
12. . . . “at the time of the accident, Plaintiff provided certain liability insurance coverage to Hope and Allen Bridges, under the terms of its insurance policy with Hope and Allen Bridges, with liability limits in the minimum amount required by the North Carolina General Statutes.”
[281]*28113. . . . “at the time of the accident involved herein, Atlantic Casualty Insurance Company provided a policy of automobile liability insurance covering Lisa Gaddy with liability limits in the minimum amount required by the North Carolina General Statutes.”

The trial court concluded in pertinent part: Ms. Gaddy and her parents were insured under the Integon liability policy; Ms. Gaddy and her parents were insured under Ms. Gaddy’s automobile liability policy issued by Atlantic Casualty Insurance Company; Ms. Gaddy was using the car within the scope of permission granted by Meeker; at the time of the accident, Ms. Gaddy was not an insured under the Universal policy because she was not “required by law to be an Insured” under the Universal policy by virtue of the coverage provided by plaintiff and Atlantic Casualty Insurance Company, which satisfied N.C. Gen. Stat. § 20-279.21(b)(2) (1993); by the terms of Universal’s policy, Universal had no obligation to indemnify Ms. Gaddy or her parents for claims arising out of Brandy Dryman’s injuries; under the terms of Universal’s policy, Universal had no duty to defend Ms. Gaddy and her parents; and Integon is not entitled to recover from Universal. Plaintiff appeals.

On appeal, plaintiff argues that the trial court erred in concluding that Ms. Gaddy was not an insured under the Universal policy and that Universal had no duty to provide coverage or indemnity to Ms. Gaddy or her parents. Plaintiff contends that the provisions of the Financial Responsibility Act, N.C. Gen. Stat. § 20-279.21.9(b)(2), and the terms of the Universal policy required Ms. Gaddy to be an insured under the policy and that Universal agreed to provide coverage under the terms of the policy. Defendant counters that Ms. Gaddy was not an insured under the Universal policy because she was not “required by law” to be an insured by virtue of her insurance with Integon and Atlantic Casualty. Since Ms. Gaddy was not an insured, defendant argues, Universal contracted for no liability.

Both parties rely upon United Services Auto. Assn. v. Universal Underwriters Ins. Co., 332 N.C. 333, 420 S.E.2d 155 (1992), in which the North Carolina Supreme Court addressed almost identical policies as at issue here. In United Services, the plaintiff company insured the driver of a truck involved in a collision. At the time of the accident, the insured driver was driving the truck with permission of Warden Motors, Inc. (Warden), the owner of the vehicle. Warden held a garage owner’s liability policy with defendant Universal Underwrit[282]*282ers. The Supreme Court first noted the similarity between the case at bar and Allstate Ins. Co. v. Shelby Mutual Ins. Co., 269 N.C. 341, 152 S.E.2d 436 (1967), in which the Court held

that an insurer by the terms of its policy could exclude liability coverage under a garage owner’s liability policy if the driver of a vehicle owned by the garage was covered under his own policy for the minimum amount of liability coverage required by the Motor Vehicle Financial Responsibility Act, N.C.G.S. § 20-279.1 et seq. Whether such exclusion occurs depends on the terms of the policy.

United Services Auto Assn., 332 N.C. at 334, 420 S.E.2d at 156. The Allstate Ins. Co. Court found that the garage owner’s policy did not provide coverage because of the excess coverage provision in the driver’s policy. Id. at 335, 420 S.E.2d at 156.

After reviewing the holding of Allstate Insurance Co., the United Services Court considered if either of the two policies at issue excluded coverage. The driver’s United Services Automobile Association policy defined a “Covered person” as: “1. You or any family member for the ownership, maintenance or use of any auto or trailer.” Id. at 335, 420 S.E.2d at 157. The policy contained the following “Other insurance” provision:

If there is other applicable liability insurance we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any insurance we provide for a vehicle you do not own shall be excess over any other collectible insurance.

Id. The policy of defendant Universal identified “an insured” in part as

3. Any other person or organization required by law to be an Insured while using an Auto covered by this Coverage Part within the scope of Your permission.

Id. at 336, 420 S.E.2d at 157. The Universal policy provided for the following limits:

Regardless of the number of Insureds or Autos insured by this Coverage Part, . . . the most We will pay is:
1. With respect to Garage Operations and Auto Hazard, the limit shown in the declarations for any one Occurrence.
[283]*283The portion of the limit applicable to persons or organizations required by law to be an Insured is only the amount (or amount in excess of any other insurance available to them) needed to comply with the minimum limits provision of such law in the jurisdiction where the Occurrence takes place.

Id. The “other insurance” provision stated:

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Cite This Page — Counsel Stack

Bluebook (online)
447 S.E.2d 512, 116 N.C. App. 279, 1994 N.C. App. LEXIS 908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/integon-indemnity-corp-v-universal-underwriters-insurance-ncctapp-1994.