Johnson v. State Farm Mutual Automobile Insurance Co.

2014 COA 135, 399 P.3d 709, 2014 Colo. App. LEXIS 1682
CourtColorado Court of Appeals
DecidedOctober 9, 2014
DocketCourt of Appeals No. 13CA0752
StatusPublished
Cited by2 cases

This text of 2014 COA 135 (Johnson v. State Farm Mutual Automobile Insurance Co.) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. State Farm Mutual Automobile Insurance Co., 2014 COA 135, 399 P.3d 709, 2014 Colo. App. LEXIS 1682 (Colo. Ct. App. 2014).

Opinion

Opinion by

JUDGE BERNARD

¶ 1 The general rule in Colorado is that automobile liability insurance, policies must contain coverage for bodily injury damages caused by uninsured or underinsured motorists (UM/UIM). § 10-4-609(l)(a), C.R;S. 2014. The sole exception to this rule is when “the named insured” waives such coverage in writing. Id.

¶2 This appeal presents the question of what happens when more than one person, is listed on the policy as a “named insured,” bpt only one of them waives UM/UIM coverage. Is the named insured who did not waive such coverage bound by the other’s waiver in all circumstances? We answer that question “no.”

¶3 Under the facts of this case, we conclude that the decision of one named insured to waive UM/UIM coverage binds others who are also named insureds on the same policy only if the others expressly authorized such a decision.

¶ 4 Here, the driver,and.plaintiff, Brian K. Johnson, and his friend, Daphne Satriano, were named insureds on a policy that the defendant insurer, State Farm Mutual Automobile Insurance Company, Inc., had issued. The friend waived UM/UIM coverage, but the driver did not.

¶5 The driver .was seriously injured in an accident. 'The insurer paid him the policy limits of the UM/UIM coverage from a second policy that the friend had on her car. But the insurer refused to pay him for any damages subject to UM/UIM coverage under the policy on his car.

¶6 He sued the insurer. The trial court decided that the friend’s waiver of UM/UIM coverage for the policy on' the driver’s car bound him.

¶ -7 We reverse because we .conclude, under the facts of this case, that the insurer did not show that the driver expressly waived UM/ UIM coverage on his car’s policy.

I. Background

A,- The Facts

¶ 8 The driver and his wife were contemplating getting a divorce. He needed a place to stay,- so the friend allowed him to move in with her in late 2009. As these facts would suggest, they were unrelated adults,

¶ 9 The friend helped the driver to buy a car. When they bought it, the driver’s insurance policy covered it. But that policy expired in the summer of 2010,

.¶ 10 The driver and the friend agreed tfrat she would call her insurance agent, who represented the insurer, to obtain .an insurance polipy for , the car. As a prelude to this discussion, the friend asked the driver what kind of coverage he had under the policy that had expired. The driver replied that he had “full coverage :.. everything.”

¶ 11 The friend telephoned her agent’s office and obtained an insurance policy from the insurer for the car. The driver was not present during the call.

¶ 12 The policy from the insurer listed both-the friend and the driver-as “named insured.” The friend signed-a form waiving UM/UIM coverage. The driver did not sign the form, and he was not aware that the insurer had offered the friend the option to waive ..such coverage. The next, day, .the friend called the driver. She told.him that [712]*712she had “got it done” and that he was “fully covered.”

¶ 13 The insurer- mailed a copy of this policy to the friend. Under the heading of “important messages,” the policy’s declarations page stated that, “[u]nless rejected in writing, [uninsured motor vehicle -coverage is mandatory with bodily injury limits of $25,000 for each person and $50,000 for each accident.” The declarations page did not make any other reference to UM/UIM coverage. In other words, the declarations page did not state that the friend had waived UM/UIM coverage, but it also did not state that the policy included such coverage. The rejection form that the friend signed waiving UM/UIM coverage was not included. And the Colorado insurance cards that came with the policy, and which the driver put in his car, did not mention UM/UIM coverage.

¶ 14 Shortly after obtaining this policy, the driver was seriously injured in an accident while driving the car. He was not at fault.

¶ 15 The other driver, who was at fault, was underinsured. With the consent of the insurer, the driver settled with the other driver’s insurance company for its policy limits.

¶ 16 The driver then filed a claim with the insurer, requesting that the insurer indemnify him for the rest of his damages under the UM/UIM provisions of the policy that covered his car. The insurer rejected the claim. It stated that the policy did not have UM/ UIM coverage because the friend had waived it.

¶ 17. (We note that the friend had another automobile insurance policy because the insurer had also issued a policy that covered a car that she owned. This policy had UM/ UIM coverage. When the friend called her insurance agent to get the policy for the driver’s car, the agent told her that the UM/ UIM coverage under her other car’s policy would cover the driver because he was a member of her household.)

¶ 18 But whether the driver had UM/UIM coverage under the policy on the friend’s car does not control the outcome of this appeal. To illustrate this point, we -observe that (1) the record shows that UM/UIM coverage on the friend’s car covered the driver; and (2) the insurer paid him the policy limits from that policy. If he had UM/UIM coverage on his car, he would be entitled to “stack” the UM/UIM coverage limits of both policies if the limits of one of them did not fully indemnify him for his damages. See Rivera v. Am. Family Ins. Grp., 2012 COA 175, ¶ 17, 292 P.3d 1181.

B. The Lawsuit

¶19 The driver then .filed this lawsuit against the insurer and the friend’s insurance agent. He claimed, among other things, that the court should read UM/UIM coverage into the insurance policy because he, as a named insured, had not waived it. He also filed a C.R.C.P. 56(h) motion that asked the trial court to decide this issue as a' matter- of law.

¶ 20 While the driver’s motion was pending, the insurer and the insurance agent filed summary judgment motions. (We note that the trial court granted the insurance agent’s summary judgment motion. That decision is not part of this appeal.)

¶ 21 The insurer’s Summary judgment motion asked the trial court to conclude that, as a matter of law, the friend’s written waiver of UM/UIM coverage bound the driver.

¶ 22 In resolving this motion, the court analyzed section 10-4-609 (l)(a). It concluded that, although the statute states that “the named insured may reject [UM/UIM] coverage in writing,” the statute “does not state that the named insured must reject such coverage personally.”

¶ 23 The court reasoned that this reading of the statute was “the most logical in light of agency law.” Recognizing that “[a]n agent of the named insured may enter into a contract for insurance on behalf of the named insured,” the court determined that the friend had acted as the driver’s agent when she waived UM/UIM coverage.

¶ 24 The court noted that “an agent, operating on behalf of the principal, may act only within the scope of authority granted by the principal.” The court added that the driver had not argued that the friend had exceeded her authority as an agent.' The driver had argued instead that the statute prevented [713]*713anyone but the named insured from waiving UM/UIM coverage.

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Cite This Page — Counsel Stack

Bluebook (online)
2014 COA 135, 399 P.3d 709, 2014 Colo. App. LEXIS 1682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-farm-mutual-automobile-insurance-co-coloctapp-2014.