Lawson v. Helton Sanitation, Inc.

34 S.W.3d 52, 2000 WL 1597754
Kentucky Supreme Court·Decided February 1, 2001·No. 1999-SC-0308-DG·Published·Cited by 11 cases

Opinions

COOPER, Justice.

The issue in this case is whether payments made under the medical payments (“Med-Pay”) coverage of a liability insurance policy qualify as basic reparation benefits (“BRB”) or added reparation benefits (“ARB”) so as to toll the two-year statute of limitations for the insured’s tort claim. The Knox Circuit Court held that they do; a divided panel of the Court of Appeals held that they do not. We granted discretionary review and now affirm the Court of Appeals.

I. FACTS.

On February 3, 1993, Appellant, Ralph Lawson, was injured when his automobile collided with a vehicle owned by Appellee, Helton Sanitation, Inc., and operated by Helton’s employee, Jamie Worley. Lawson was insured by Kentucky Farm Bureau Mutual Insurance Company (“Farm Bureau”); Helton was insured by The Travelers Insurance Company (“Travelers”). Farm Bureau paid Lawson a total of $10,000 under the personal injury protection (“PIP”) coverage1 and $500 under the medical payments (“Med-Pay”) coverage of his policy. The last PIP payment was made on May 3, 1993. The last Med-Pay payment was made on July 9, 1993. On April 10, 1995, Lawson signed a verified complaint seeking tort damages against Helton. However, the complaint was not filed in the Knox Circuit Court until June 26, 1995, more than two years after the last PIP payment, but less than two years after the last Med-Pay pay[54]*54ment. On October 20, 1995, Farm Bureau filed an intervening complaint against Travelers seeking recoupment of the $10,000 in PIP payments which it paid to Lawson. Pursuant to KRS 304.39-070(2) and (3), a reparation obligor (Farm Bureau), which has made BRB payments to its insured (Lawson), may intervene in the insured’s tort action against the tortfeasor (Helton) in order to assert a direct claim against the tortfeasor’s insurer (Travelers) for reimbursement of the reparation benefits paid to its insured (Lawson). Grange Mwt. Cas. Co. v. McDavid, Ky., 664 S.W.2d 931, 932 (1984); Stovall v. Ford, Ky., 661 S.W.2d 467 (1983). Farm Bureau’s intervening complaint against Travelers demanded only “the sum of $10,000.00 representing reimbursement of the basic reparations [sic] benefits heretofore paid to or for the benefit of the plaintiff, Ralph Lawson, by Kentucky Farm Bureau Mutual Insurance Company.”

Following a trial by jury at which the jury was not informed of Farm Bureau’s separate complaint against Travelers, a verdict was returned awarding damages as follows:

$ 21,156.22 Past medical expenses 25,000.00 Future medical expenses 25,000,00 Lost wages or income 14,000.00 Permanent impairment 110,000.00 Past and future pain and suffering $195,156.22 Total

Final judgment was entered on May 5, 1997. The judgment awarded Lawson $185,156.22 against Helton and awarded Farm Bureau $10,000.00 against Travelers. The only remaining issue in this case is whether Lawson’s complaint against Hel-ton was barred by the two-year statute of limitations. KRS 304.39-230(6).

The Knox Circuit Court held that the period of limitations expired on July 9, 1995, two years after Farm Bureau made its last payment under the Med-Pay coverage of Lawson’s policy. The Court of Appeals held that the period of limitations expired on May 3, 1995, two years after Farm Bureau made its last payment under the PIP coverage of Lawson’s policy. Lawson advances three novel, but fundamentally flawed, theories in support of his claim that payments under the Med-Pay provisions of his Farm Bureau policy tolled the statute of limitations, viz: (1) Farm Bureau manipulated the statute of limitations by falsely classifying PIP payments as Med-Pay payments; (2) Med-Pay payments are “indistinguishable” from PIP payments, thus the last $500 in payments made by Farm Bureau to or on behalf of Lawson were, in fact, PIP payments; and (3) since Med-Pay coverage is payable regardless of fault, a Med-Pay payment is generically a “no-fault” payment which ipso facto tolls the period of limitations. As will be seen, none of these theories can withstand even rudimentary legal scrutiny. Our analysis begins with a perusal of the specific provisions of the contract in question.

II. THE INSURANCE CONTRACT.

The declaration page of Lawson’s Farm Bureau policy reflects that he purchased the following insurance coverages required by law:

(1) Personal injury and property damage liability coverage, as required by KRS 304.39-080(5) and KRS 304.39-110(l)(a), described in Part A of the policy, with limits of $25,000 per person, $50,000 per accident, and $25,000 property damage (premium: $56.20);

(2) Uninsured motorist (“UM”) coverage, as required by KRS 304.20-020(1), described in Part C of the policy, with limits of $25,000 per person and $50,000 per accident (premium: $4.10); and

(3) Personal injury protection coverage, as required by KRS 304.39-080(5) and KRS 304.39-110(l)(c), described in Part B/l of the policy, with the statutory maximum limit of $10,000 per person (premium: $20.10).

Lawson had also purchased optional (not statutorily required) Med-Pay coverage, described in Part B of the policy, with limits of $500 per person and $2,500 per accident (premium: $0.50). KRS 304.20-[55]*55040(l)(b) recognizes optional Med-Pay coverage as a separate and distinct coverage from BRB coverage:

“Automobile liability insurance policy” includes only coverage for bodily injury and property damage liability, basic reparations [sic] benefits, and the provisions therein, if any, relating to medical payments, uninsured motorists coverage, and automobile physical damage coverage.

In fact, Med-Pay coverage has been available as a separate optional coverage in automobile insurance policies since long before the 1974 enactment of the Motor Vehicle Reparations Act (MVRA). See, e.g., State Farm Mut. Auto. Ins. Co. v. Roark, Ky., 517 S.W.2d 737 (1974) (injured party’s insurer has subrogation rights against the tortfeasor for payments made under Med-Pay coverage); Meridian Mut. Ins. Co. v. Siddons, Ky., 451 S.W.2d 831 (1970) (insured may recover under both the UM and Med-Pay coverages of his own policy, even though such constitutes double recovery).

Paragraph D of the Limit of Liability section of Part B (Med-Pay coverage) of Lawson’s Farm Bureau policy provides as follows:

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Lawson v. Helton Sanitation, Inc., 34 S.W.3d 52, 2000 WL 1597754 (Ky. 2001).

34 S.W.3d 52 (Lawson v. Helton Sanitation, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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