Koziol v. Peerless Insurance

41 A.3d 647, 2012 WL 1201939, 2012 R.I. LEXIS 43
CourtSupreme Court of Rhode Island
DecidedApril 11, 2012
Docket2010-244-Appeal
StatusPublished
Cited by11 cases

This text of 41 A.3d 647 (Koziol v. Peerless Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Koziol v. Peerless Insurance, 41 A.3d 647, 2012 WL 1201939, 2012 R.I. LEXIS 43 (R.I. 2012).

Opinion

OPINION

Justice FLAHERTY,

for the Court.

When the plaintiffs’ efforts to act as general contractors on a new home foundered because of faulty work performed by a framing subcontractor, they made a claim on the homeowner’s insurance policy issued to them by the defendant, Peerless Insurance Company. After the defendant denied the claim, citing two exclusions in the policy, the plaintiffs filed a declaratory-judgment action against the carrier in the Providence County Superior Court. A hearing justice determined that the terms of the policy were ambiguous. Consequently, she construed the policy against the insurer and entered judgment for the plaintiffs. The defendant has timely appealed to this Court, arguing that the trial justice erred in her determination that the insurance contract was ambiguous. For the reasons set forth in this opinion, we affirm the judgment of the Superior Court.

I

Facts & Travel

The facts of this case are clear and undisputed. The plaintiffs entered into an agreement with a subcontractor to frame their new home. The framer’s work, however, was deficient to such an extent that the building official of the Town of Cumberland refused to approve *649 the work, forcing plaintiffs to incur the additional expense of bringing the home into compliance with the building code. The plaintiffs made a claim on their homeowner’s insurance policy for those extra expenses with their carrier, Peerless. It is noteworthy that in addition to the base coverage provided by the homeowner’s policy, plaintiffs had paid an extra premium for what was titled “Homeowners Special Ultra Plus Coverage.” 1 See Appendix A. That “Ultra Plus” endorsement was set forth under the “base coverages and premiums” section of the policy’s premium outline. Also, embedded at page seventeen of the policy was a description of the enhanced Ultra Plus coverage. At top of that page, a headline declares:

“MORE PROTECTION FOR LESS! For a nominal premium charge, your Homeowners Policy with Special Ultra Plus Coverage provides you with a lot of protection.”

This statement is followed by a chart that lists “property coverages” and the total amount of coverage for each line item. One of the entries on the chart states, “Ordinance or Law Compliance for Buildings (required after a loss)”. Under the total amount of coverage for this category, it says simply “Included.” Significantly, the term “loss” is not defined in the summary, the definitions section, or elsewhere in the policy. At the bottom of page seventeen, there is a note that says:

“The information contained in this summary is a brief description only. The summary is not an insurance contract. Coverages may vary from state to state and are subject to change. For these reasons, please consult your agent, policy and endorsements for a complete description of coverages and limits.”

The plaintiffs contended that the claim arising from their framer’s shortcomings was covered by the terms of the Special Ultra Plus Endorsement. Peerless, however, denied coverage, and adding insult to injury, indicated that it would not renew their policy.

Consequently, plaintiffs filed a declaratory-judgment action. In due course, Peerless filed a motion for summary judgment, and a hearing was held before a justice of the Superior Court on April 7, 2009. On May 4, 2009, in a bench decision, the motion justice ruled that the policy was ambiguous. She found that the ambiguity stemmed primarily from the summary found on page seventeen. After analyzing the summary, the motion justice found that an ordinary reader would reasonably understand the policy to cover “ordinance compliance” for losses irrespective of whether the loss was a “covered loss.” Therefore, in accordance with our well-settled law, she construed the policy language against the insurer, and denied the motion for summary judgment. In light of the motion justice’s ruling, the parties jointly requested that final judgment be entered by the court. This appeal ensued.

II

Standard of Review

“Whether a contract is ambiguous is a question of law.” Bliss Mine Road Condominium Association v. Nationwide Property and Casualty Insurance Co., 11 A.3d 1078, 1083 (R.I.2010) (citing Young v. Warwick Rollermagic Skating Center, Inc., 973 A.2d 553, 558 (R.I.2009)); Gorman v. Gorman, 883 A.2d 732, 738 n. 8 (R.I.2005). “A trial court’s ruling concerning ambiguity is reviewed by this Court on a de novo basis.” Id. (citing Young, 973 A.2d at 558). If an ambiguity *650 is found, it is strictly construed in favor of the insured. See id. at 1085 (citing Aetna Casualty & Surety Co. v. Sullivan, 633 A.2d 684, 686 (R.I.1993); Bartlett v. Amica Mutual Insurance Co., 593 A.2d 45, 47 (R.I.1991)).

Ill

Arguments of the Parties

Peerless argues that two specific exclusions in the homeowner’s’ policy justify its denial of coverage. First, it argues that “[t]he plaintiffs’ insurance policy specifically excludes coverage for faulty workmanship * * The language of this purported faulty workmanship exclusion meanders in a somewhat disjointed fashion from pages thirty-one to thirty-three of the policy. Second, Peerless contends that plaintiffs’ claim is thwarted by the “Ordinance or Law” exclusion. The terms of that exclusion provide:

“1. We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss.
“a. Ordinance or Law, meaning enforcement of any ordinance or law regulating the construction, repair, or demolition of a building or other structure, unless specifically provided under this policy.”

Peerless contends that this policy language, when read along with the Ultra Plus coverage summary, is unambiguous and that the hearing justice erred when she concluded otherwise. 2 The plaintiffs, on the other hand, argue that the exclusionary terms of the policy, when read in concert with the coverage summary of the Special Ultra Plus endorsement, are ambiguous because the summary does not state that the loss to the insured must be a “covered loss” and the other terms of the policy do not clarify that ambiguity in any meaningful way. On the contrary, plaintiffs argue that an ordinary reader could reasonably believe that their losses were covered according to the policy.

IV

Analysis

What is a loss?

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Cite This Page — Counsel Stack

Bluebook (online)
41 A.3d 647, 2012 WL 1201939, 2012 R.I. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koziol-v-peerless-insurance-ri-2012.