Lanzo v. State Farm Mutual Automobile Insurance

524 A.2d 47, 1987 Me. LEXIS 710
CourtSupreme Judicial Court of Maine
DecidedApril 13, 1987
StatusPublished
Cited by24 cases

This text of 524 A.2d 47 (Lanzo v. State Farm Mutual Automobile Insurance) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lanzo v. State Farm Mutual Automobile Insurance, 524 A.2d 47, 1987 Me. LEXIS 710 (Me. 1987).

Opinion

WATHEN, Justice.

Defendant State Farm Mutual Automobile Insurance Company appeals from a judgment of the Superior Court (Franklin County) in favor of its insured, David Lan-zo, on a claim for uninsured motorist benefits. On appeal, defendant contends that the Superior Court erred in concluding that physical contact was unnecessary to recover such benefits under the insurance policy issued by defendant, and erred in allowing the plaintiffs claim even though he failed to give notice as required by the insurance policy. Finally defendant contends that there was insufficient evidence to support the jury’s finding that the plaintiff was injured as a result of the negligence of a hit-and-run driver. We find no error and we affirm the judgment.

The jury would have been warranted in finding the following facts: On the evening of October 28, 1981, plaintiff was driving his 1977 Chevrolet 4x4 truck on Route 17 in Rangeley. A car approached him with its bright lights on. This section of the road was unpaved and under construction. The traveled portion of the roadway was narrow and plaintiff testified that the oncoming vehicle was traveling in the middle of the road. When the vehicle failed to move over as it approached plaintiffs vehicle, plaintiff sharply cut the wheel to *49 avoid a collision and went off the road. There was no contact between the two cars and the other vehicle left the scene. The identity of the driver of the other vehicle is unknown. Plaintiff sustained personal injuries in the accident.

Although plaintiff notified the Sheriff’s Department of his accident a day or two after he was released from the hospital, he did not inform his insurance company until IV2 years after the event. In the resulting trial, the Superior Court ruled that there is no requirement of physical contact between the two vehicles in order for liability to arise under the insurance policy. As part of its verdict, the jury determined that plaintiff did not breach the terms of the insurance policy by failing to give notice. Ultimately, the jury found for plaintiff and returned a verdict for $35,000. Defendant appeals from the judgment entered on the verdict of the jury.

I.

Maine law requires that all automobile liability insurance policies provide uninsured motorist coverage.

No policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle shall be delivered or issued for delivery in this State with respect to any such vehicle registered or principally garaged in this State, unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured, underinsured or hit-and-run motor vehicles, for bodily injury, sickness or disease, including death, resulting from the ownership, maintenance or use of such uninsured, underinsured or hit-and-run motor vehicles. ...

24-A M.R.S.A. § 2902(1) (Supp.1986) (emphasis added). The insurance policy issued to plaintiff provided uninsured motorist coverage but defined an “uninsured motor vehicle” as:

2. A “hit-and-run” land motor vehicle whose owner or driver remains unknown and which strikes:
a. the insured, or
b. the vehicle the insured is occupying and causes bodily injury to the insured.

On appeal, the defendant argues that the policy requirement of physical contact is consistent with 24-A M.R.S.A. § 2902(1) because contact is necessarily an element of the phrase “hit-and-run.”

Courts are divided as to whether the statutory phrase “hit-and-run” requires actual physical contact. A number of jurisdictions have upheld policy provisions requiring physical contact for recovery under uninsured motorist coverage. These cases hold that such a requirement is consistent with the aims of the uninsured motorist statute and serves the policy of preventing fraudulent claims. See, e.g., Ferega v. State Farm Mutual Automobile Insurance Co., 58 Ill.2d 109, 317 N.E.2d 550 (1974); Ely v. State Farm Mutual Automobile Insurance Co., 148 Ind.App. 586, 268 N.E.2d 316 (1971).

Other jurisdictions have voided similar contract provisions requiring physical contact on the ground that the policy is more restrictive than the statute. These courts simply refuse “to permit the insurance companies to use technical and limiting terminology to circumvent the statutory policy of requiring insurance coverage for all persons entitled to recover from a negligent, uninsured or unknown motor vehicle operator.” State Farm Mutual Automobile Insurance Co. v. Abramowicz, 386 A.2d 670 (Del.Supr.1978). See, e.g., Surrey v. Lumbermens Mutual Casualty Co., 384 Mass. 171, 424 N.E.2d 234 (1981); Soule v. Stuyvesant Insurance Co., 116 N.H. 595, 364 A.2d 883 (1976); Hartford Accident and Indemnity Co. v. Novak, 83 Wash.2d 576, 520 P.2d 1368 (1974).

We have not previously addressed the issue now before us. See Waycott v. Northeast Insurance Company, 465 A.2d 854, 856 (Me.1983). In analyzing whether 24-A M.R.S.A. § 2902(1) allows an insurance contract to require physical contact to recover under an uninsured motorist provision, the statute must be construed to give effect to the intent of the Legislature. *50 Cummings v. Town of Oakland, 430 A.2d 825, 829 (Me.1981), dismissed 454 U.S. 1134, 102 S.Ct. 988, 71 L.Ed.2d 286 (1982). Legislative intent is ordinarily determined from an examination of the wording of the statute. State Farm Mutual Automobile Insurance Company v. Universal Underwriters Insurance Company, 513 A.2d 283, 286 (Me.1986). When the statutory language is clear and unambiguous, this Court will not look beyond it. State v. Hood, 482 A.2d 1268, 1270 (Me.1984).

The legislative focus in enacting section 2902(1) was to provide recovery for injuries caused by financially irresponsible drivers. Brackett v. Middlesex Insurance Co., 486 A.2d 1188, 1190 (Me.1985). The descriptive language of the statute refers to a class of operators rather than a particular type of accident.

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Bluebook (online)
524 A.2d 47, 1987 Me. LEXIS 710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lanzo-v-state-farm-mutual-automobile-insurance-me-1987.