Learfield Communications, Inc. v. Hartford Accident & Indemnity Co.

837 S.W.2d 299, 1992 Mo. App. LEXIS 1002, 1992 WL 114420
CourtMissouri Court of Appeals
DecidedJune 2, 1992
DocketNo. WD 45431
StatusPublished
Cited by1 cases

This text of 837 S.W.2d 299 (Learfield Communications, Inc. v. Hartford Accident & Indemnity Co.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Learfield Communications, Inc. v. Hartford Accident & Indemnity Co., 837 S.W.2d 299, 1992 Mo. App. LEXIS 1002, 1992 WL 114420 (Mo. Ct. App. 1992).

Opinion

LOWENSTEIN, Chief Judge.

The insured, Learfield Communications, Inc. (Learfield) appeals from the judgment for Hartford Accident & Indemnity Co. (Hartford), arguing two points: 1) the trial court erred in finding the insurance policy unambiguous as to coverage for damage to property in transit, and, 2) the trial court erroneously allowed Hartford to add a defense to Learfield’s claim after trial. Lear-field, a broadcaster, really asks for the full replacement cost of its destroyed satellite dish, and for the cost of a smaller temporary dish under a business loss theory.

The facts are simple, and are accepted as per the stipulation entered by the parties. This court ignores those “facts” cited to by Hartford in its brief regarding its insurance policy and the dealings between the parties that are without any evidentiary support in the record.

Hartford, through its agent, entered into an insurance policy with Learfield with a $1,000 deductible, providing replacement cost coverage for Learfield’s radio and television transmitting and receiving equipment, and providing coverage against certain business income losses. The policy provided, among other things, for coverage for certain direct physical loss to covered [300]*300property, which was defined in the coverage form as:

1. Fixed radio or television transmitting or receiving equipment at the premises described in the Schedule.
2. Mobile radio or television transmitting, receiving or recording equipment.

On the equipment schedule, under “Address of your covered premises,” four were listed:

1. a Jefferson City, Mo. address
2. a Centertown, Mo. address
3. a Des Moines, Iowa address, and
4. “various unscheduled locations.”

Also on the equipment schedule were the insurance limits, and for “fixed transmitting or receiving equipment,” different limits were specified for each covered premise, ranging from $100,000 to over $300,000. However, for the “unscheduled locations” limit, a $15,000 cap per any one unscheduled location was in force.1

The events leading to this suit began on April 24, 1989, when Learfield notified Hartford that it would be moving its offices to a new location in Jefferson City, the transmitting and receiving equipment at Centertown and the old Jefferson City premise to follow later. On June 26, 1989, Learfield attempted to transfer to its new location a large satellite or “uplink” dish having a replacement value of approximately $60,000. The uplink dish had been at the Centertown premises, and was transported by helicopter using cables attached to the dish with bolts. The bolts apparently broke before the dish reached its destination, and it was damaged beyond repair when it fell from the helicopter and into a wheat field adjacent to the Jefferson City covered premise. The field was neither described in the policy, nor was it owned by Learfield.

Hartford issued a $14,000 check to Lear-field for the damaged dish, stating that it was not at a scheduled location, and therefore the $15,000 cap, less the $1,000 deductible, applied under the policy. Hartford later stated that it actually owed Learfield nothing under the policy, as the uplink dish was not “fixed” at the time of the damage, but has not demanded return of the $14,000 check. Learfield claimed that Hartford owed payment for the full replacement cost of the dish, and for the $10,000 Learfield spent on a small uplink dish to avoid the possibility of the interruption of operations, under the business loss provisions. Hartford refused payment, and the suit and this subsequent appeal followed.

Replacement of large dish

Learfield appeals the trial court decision, maintaining that the insurance policy was ambiguous as to whether equipment was covered while in transit, and that therefore this court must interpret the contract against Hartford, to find coverage for the large dish being moved. It is true that nowhere in the policy is the coverage of property in transit addressed. Therefore, coverage hinges on a finding of ambiguity in the location requirement and the “fixed” requirement upon which Hartford relies.

The standard of review and rules regarding policy ambiguity are as follows: 1) whether or not language is ambiguous is a question of law for the trial court, West v. Jacobs, 790 S.W.2d 475, 480 (Mo.App.1990); 2) in determining whether the trial court has erred as a matter of law in interpreting the contract as unambiguous, Anchor Centre Partners Ltd. v. Mercantile Bank, N.A., 803 S.W.2d 23, 32 (Mo. banc 1991), the appellate court reviews the policy itself to determine if any ambiguity exists, Maryland Casualty Co. v. Martinez, 812 S.W.2d 876, 881 (Mo.App.1991); 3) the language in question is ambiguous if it is “fairly susceptible of two interpretations,” English v. Old American Ins. Co., 426 S.W.2d 33, 36 (Mo.1968); and, 4) if no ambiguity exists, then the policy must be construed according to its plain meaning, Krombach v. Mayflower Ins. Co., Ltd., 785 S.W.2d 728, 731 (Mo.App.1990).

This court finds no ambiguity in the requirement that property be at some particular location in order to be covered un[301]*301der the policy. The policy defines “Covered Property” as “Fixed radio or television transmitting or receiving equipment at the premises described in the Schedule,” (emphasis added). The Equipment Schedule also quite clearly describes four different “covered premises.” The only one which applies to the dish dropped into the wheat field is “various unscheduled locations,” and the accompanying $15,000 cap is also quite clear. No ambiguity exists, and Hartford is not liable for the full replacement cost of the large uplink dish. Nowhere can Learfield point to language in the policy that renders the location requirement ambiguous, nor to any language that would cover a large expensive piece of property damaged during transport while dangling from cables attached to a helicopter. The provision that “covered property” is covered only while in the U.S., Puerto Rico, or Canada does not render the location requirement ambiguous, as these territorial requirements quite reasonably and unambiguously are extra requirements over and above the “covered property” definitions, and would reasonably limit Hartford’s liability on mobile equipment. Since Hartford has already paid and does not demand the return of the $15,000 owed if the dish is covered under the “unscheduled location” provision, there is no need for further inquiry into the meaning of “fixed” as a policy requirement.

Business loss coverage

Learfield maintains that Hartford owes approximately $10,000 for the small dish under the business loss portion of the policy. However, it is questionable that Lear-field has preserved this point on appeal, since neither point relied on specifically directs this court to any error by the circuit court regarding business loss.

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837 S.W.2d 299, 1992 Mo. App. LEXIS 1002, 1992 WL 114420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/learfield-communications-inc-v-hartford-accident-indemnity-co-moctapp-1992.