Kinder v. Oklahoma Farmers Union Mutual Insurance Co.

1997 OK 104, 943 P.2d 617, 68 O.B.A.J. 2535, 1997 Okla. LEXIS 101, 1997 WL 416767
CourtSupreme Court of Oklahoma
DecidedJuly 15, 1997
DocketNo. 81333
StatusPublished
Cited by1 cases

This text of 1997 OK 104 (Kinder v. Oklahoma Farmers Union Mutual Insurance Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kinder v. Oklahoma Farmers Union Mutual Insurance Co., 1997 OK 104, 943 P.2d 617, 68 O.B.A.J. 2535, 1997 Okla. LEXIS 101, 1997 WL 416767 (Okla. 1997).

Opinion

HARGRAVE, Justice.

SUMMARY OF FACTS AND PROCEDURAL HISTORY

¶ 1 Kinder, age nineteen and living at home with his parents, was involved in a vehicular accident on June 12, 1988. His [618]*618parents had insurance with Oklahoma Farmers Union (OFU) on six (6) vehicles at the time of the accident. Kinder was covered under the insurance of his parents and on the vehicle that he was driving at the time. Initially, the Kinders had one (1) policy covering three (3) vehicles and a limitation clause regarding uninsured-motorist coverage with a limit of $10,000.00 per person and $20,000 per accident. Later, the Kinders added three (3) more vehicles. On the original application, Catherine Kinder requested and purchased liability coverage for $25,000.00 per person, $50,000.00 per accident. She applied for $10,000.00 per person, $20,000.00 per accident uninsured motorist coverage. Before the date of the accident involving Larry Sean Kinder on June 12, 1988, OFU had voluntarily and unilaterally increased the uninsured motorist coverage on plaintiffs policy from $10,000.00 per person, $20,000.00 per accident to $25,000.00 per person, $50,-000.00 per accident. Kinder contended he was entitled to “stack” the UM coverage for each vehicle covered under the policy, and made a claim against the insurance company for benefits for $150,000.00. The insurance company contended that there was only one (1) premium charged for UM coverage on the six (6) vehicles and, therefore, Kinder could recover only $25,000.00 on the uninsured motorist policy.

¶ 2 The Oklahoma Court of Civil Appeals noted several significant factors in Kinder I,1 including: (1) The Kinders initially insured only three [3] vehicles and opted for UM coverage of $10,000.00 per person and $20,-000.00 per accident. (This acceptance section of UM coverage informed the Kinders that it was not stackable.); (2) After that, the Kinders bought additional insurance to cover the three additional vehicles and OFU unilaterally increased the UM coverage to $25,000.00 per person and $50,000.00 per accident; (3) Although the “Continuation Certificate” issued with the additional coverage stated that “the law requires all automobile liability policies written in Oklahoma to provide uninsured motorist coverage unless rejected in writing by the policy holder”, the Court of Civil Appeals stated: “there was no written evidence of the Kinders’ choice of the increased limits of UM coverage” for the new policies for the additional vehicles. The UM carrier also admits that the Kinders, after their purchase, received the “Continuation Certificate” referring to the UM, of additional insurance; and (4) That “... at the time the changes were made, that their UM coverage would be limited to 25/50, because only one premium for the UM coverage was being collected.”

¶3 The Court of Civil Appeals then reversed and remanded to the trial court citing this Court’s decisions in Beauchamp v. Southwestern National Insurance Company, 1987 OK 111, 746 P.2d 673; Scott v. Cimarron Insurance Company, 1989 OK 26, 774 P.2d 456; and Lake v. Wright, 1982 OK 98, 657 P.2d 643. The Court of Civil Appeals noted that under these decisions they must give the person buying additional insurance absolutely the choice to purchase UM insurance. The agreement must reflect the intent of the insureds about how much uninsured motorist coverage the buyer wants, and that an insurance company can limit the UM benefits under a policy with multiple vehicles insured if they give proper notice adequately informing of the insured that only one premium is charged despite the number of vehicles covered. However, the “great significance” is placed on the fact about whether the insured had notice and made an informed choice.

¶ 4 The Court of Civil Appeals in Kinder I reversed and remanded holding at 1991 OK CIV APP 53, 813 P.2d 546, 549:

A policy which places additional vehicles on a policy is considered a new policy; increased limits of UM coverage must be re-offered and waivers under the previous policy are ineffective. See Beauchamp v. Southwestern National Insurance Company, 746 P.2d 673 (Okla.1987).

The Court of Civil Appeals in Kinder I further held 813 P.2d at 549:

In the instant ease, Appellant’s parents filed affidavits stating that they were not given the option of paying additional premiums for increased limits of UM cover[619]*619age. Appellee has not provided us with evidentiary materials showing that Appellant’s parents were given the choice ... Under Scott, supra, the insured was held to the lower limits and was unable to stack the UM coverage on multiple vehicles because the Supreme Court found the insured had made informed choices about the coverage selected. We do not have the same indication from the evidentiary materials filed with the trial court in the present case....
There are issues, and material facts as to whether Appellant’s parent understood at the time of the changes in the policy that their UM coverage would be limited to $25,000.00 per person and $50,000.00 per accident, despite the inclusion of six vehicles on the policy. Summary Judgment was improper.

¶ 5 On remand, the trial court made the following finding:

JOURNAL ENTRY OF JUDGMENT
3. That it is very clear to this Court that [1] no increased limits of uninsured motorist coverage were ever offered (after the initial offer) and [2] no written rejection was ever presented

¶ 6 The trial court then entered judgment for the insureds because the insurance company had not offered additional UM coverage when the Kinders bought additional insurance for the three vehicles and, since the insurance company did not have a written rejection of UM after such an offer, that operation of law automatically insured the Kinders.

¶ 7 The current appeal arises as the uninsured-motorist carrier appealed and the Court of Civil Appeals reversed and remanded the judgment of the trial court. The Court of Civil Appeals held:

The trial court must have determined from our earlier opinion that the absence of a written rejection of increased UM coverage [the stacking privilege] causes the insured to have the right to stack the coverages. This was not our holding. Moreover, we have never held that a written rejection by an insured is required to prevent the insured from having the right to stack UM coverages in a policy covering multiple vehicles. Additionally, we have not held it is contrary to public policy to preclude stacking when it is shown the insured chose the lesser benefits.

¶ 8 The Court of Civil Appeals further stated that there are conflicting allegations whether the Kinders understood that when they insured three additional vehicles that they were still limited to the uninsured-motorist coverage for one vehicle under the limitation clause. The trial court determined in its journal entry, after reviewing the record, “it is very clear to this Court that no increased limits of uninsured motorist coverage were ever offered.”

¶ 9 Now both parties seek certiorari contending that the Court of Civil Appeals decision is in error. The UM insurance company contends that the Court of Civil Appeals is inconsistent with applicable law.

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Bluebook (online)
1997 OK 104, 943 P.2d 617, 68 O.B.A.J. 2535, 1997 Okla. LEXIS 101, 1997 WL 416767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinder-v-oklahoma-farmers-union-mutual-insurance-co-okla-1997.