Katrice Jones-Smith v. Safeway Insurance Company

174 So. 3d 240, 2015 Miss. LEXIS 456, 2015 WL 5157597
CourtMississippi Supreme Court
DecidedSeptember 3, 2015
Docket2014-CA-00180-SCT
StatusPublished
Cited by10 cases

This text of 174 So. 3d 240 (Katrice Jones-Smith v. Safeway Insurance Company) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Katrice Jones-Smith v. Safeway Insurance Company, 174 So. 3d 240, 2015 Miss. LEXIS 456, 2015 WL 5157597 (Mich. 2015).

Opinions

DICKINSON, Presiding Justice,

for the Court:

¶ 1. For more than one hundred and thirty years, this Court has held that an insurance company may void a policy when the insured made material misrepresentations during the application process.1 When this insurance company learned that Michelle Busby had made a material misrepresentation when she applied for the motor-vehicle-liability policy at issue here, it had the policy declared void, so we affirm the circuit judge’s grant of summary judgment.

FACTS AND PROCEDURAL HISTORY

¶2. While driving his mother’s 2003 Chevy Silverado in Rankin County, sixteen-year-old William Busby crashed into Kenneth Tarlton’s car, which in turn collided with a car driven by Katriee Jones-Smith. When William’s mother, Michelle, applied to Safeway Insurance Company for an insurance policy on the Silverado, the application required her to warrant that she had provided the names of all regular frequent drivers of the covered vehicles, as well as all residents of her household fourteen years old or older. Michelle failed to disclose that fifteen-year-old William resided in her home, and Safeway issued her a policy on the Silverado at a premium that was lower than the premium would have been had Safeway known about William.

¶ 3. So after William’s accident, Safeway sought a declaratory ruling that Michelle’s failure to identify William was a material misrepresentation, rendering the policy voidable. In response, Katriee— along with her mother Nancy Jones, who owned the car Katriee was driving — filed an answer and counterclaim asserting that William was at fault in the accident and that he was covered by the Safeway policy. The parties filed competing motions for summary judgment, and the circuit judge — finding Michelle’s failure to disclose William was a material misrepresentation — granted summary judgment to Safeway.

ANALYSIS

¶ 4. The appellants contend that, under this Court’s recent decision in Lyons v. Direct General Insurance Company of Mississippi, the circuit judge was precluded from declaring this policy void because an injured third party cannot be denied recovery up to the statutorily imposed minimum-policy limits.2 But Lyons is in-apposite because it addressed an entirely distinct legal issue.

I. Lyons v. Direct General does not control this case.

¶ 5. In Lyons, Roderick Holliday caused an accident while driving a car insured by his mother.3 When Machón [242]*242Lyons, who was injured in the accident, asserted a claim against that policy, Direct General Insurance Company argued that its policy contained a named-driver exclusion for Roderick.4 Said differently, Direct did not dispute that it had issued a valid insurance policy which covered the car at the time of the accident. Rather, Direct claimed that the admittedly valid policy excluded Roderick from coverage.

¶ 6. On appeal, we concluded that the named-driver exclusion violated Mississippi’s statutorily imposed minimum-liability insurance law.5 Our reasoning was twofold. First, we recognized that Section 63-15-4(2)(a) required an insurance company that issues a motor-vehicle-liability policy also to issue an insurance card which serves as proof that the policy provided the statutory minimum-liability limits.6 Second, we recognized per the statutory language that “[t]his mandatory liability insurance requirement pertains to vehicles, not owners or operators.”7 Direct had issued an insurance card, representing that the policy provided the minimum limits required by law, so the named-driver exclusion was unenforceable.8

¶ 7. Our analysis in Lyons, which assumed a valid insurance policy had been issued, prohibited the insurance company from excluding statutorily required coverage, but it created no duty to issue a policy. It did no more than address an invalid exclusion within a valid insurance policy.

¶ 8. By contrast, the question in this case is not whether the terms of Michelle’s policy with Safeway covered the accident, but whether the policy itself was voidable. And the longstanding, well-established law of this State renders voidable a policy issued as a result of material misrepresentations.

II. The circuit judge correctly voided Busby’s policy.

¶ 9. In 1876, in Cooperative Life Association of Mississippi v. Leflore, this Court stated:

Nothing is better settled, both in regard to insurance contracts and contracts of all sorts, than that an untrue statement by either party, as to a matter vital to the agreement, will avoid it, though there be no intentional fraud in the misrepresentation.9

There, the beneficiaries to a life-insurance policy brought an action in the Montgomery County Circuit Court to recover the proceeds of that policy after the insured’s death.10 The insurer defended by asserting that the insured had made material misrepresentations in the application for insurance.11 The circuit judge instructed the jury that the company could void the policy only by a showing of actual fraud, [243]*243and the jury found for the beneficiaries.12 The company appealed and this Court set out a thorough explanation of the law regarding the effect of misrepresentations during the insurance-application process.

¶ 10. This Court first considered whether insurance contracts should be considered under their own set of legal rules, or whether they should sit on equal footing with other contracts, controlled by the general law of contracts.13 This Court stated:

An immense amount of labor and learning is displayed in the books in the consideration of what are, and what are not, material matters in contracts of insurance, a false statement in relation to which will avoid the policy; and it is impossible to resist the conclusion, in perusing the cases, that the courts, in order to avoid supposed hardships in this class of suits, have been disposed to adopt other rules than those applicable to ordinary contracts. For this difference we can recognize no sound principle. Contracts of insurance ar'e neither mala prohibita nor mala in se, and, where entered into by persons sui juris, are to be regulated and determined by the same rules that govern ordinary agreements, with neither more nor less favor than is shown in other cases.14

The Court also posited that:

No man can read the history of the struggle between the courts and the insurance companies on the question of what false statements, made by the applicant, will avoid the policy, as that history is developed in the adjudged cases, without perceiving a manifest disposition to apply to such agreements a rule far more rigid than that which governs ordinary contracts.

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Bluebook (online)
174 So. 3d 240, 2015 Miss. LEXIS 456, 2015 WL 5157597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katrice-jones-smith-v-safeway-insurance-company-miss-2015.