Lero v. State Farm Fire & Casualty Co.

359 S.W.3d 74, 2011 Mo. App. LEXIS 1383, 2011 WL 5041191
CourtMissouri Court of Appeals
DecidedOctober 25, 2011
DocketWD 73220
StatusPublished
Cited by10 cases

This text of 359 S.W.3d 74 (Lero v. State Farm Fire & Casualty 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
Lero v. State Farm Fire & Casualty Co., 359 S.W.3d 74, 2011 Mo. App. LEXIS 1383, 2011 WL 5041191 (Mo. Ct. App. 2011).

Opinion

LISA WHITE HARDWICK, Chief Judge.

State Farm Fire and Casualty Company (“State Farm”) appeals the circuit court’s grant of summary judgment in favor of Paul Lero and Carolyn Lero (“the Leros”) and denial of State Farm’s motion for summary judgment. The court determined a personal liability umbrella policy purchased by the Leros’ deceased daughter provided uninsured motorist coverage and ordered State Farm to pay the policy’s $1 million limit to the Leros. For reasons explained herein, we reverse the circuit court’s summary judgment in favor of the Leros and enter summary judgment in favor of State Farm.

Factual and Procedural History

In October 2008, the Leros’ daughter, Denise Greene, died from injuries she sustained in an automobile collision. The other car involved in the collision was driven by Adam Mace and owned by Robert Lyons. The collision occurred when Mace, traveling on 291 Highway in Cass County at a high rate of speed and under the influence of alcohol, crossed into the opposite lane of traffic and struck Greene’s car.

The Leros sued Lyons for the wrongful death of their daughter, alleging he had negligently entrusted Mace with his car. The circuit court entered a judgment against Lyons for $2 million. Lyons’s insurer, American Family Insurance Group, denied coverage. On May 14, 2009, the Leros made demand upon Greene’s insurer, State Farm, for uninsured motorist benefits under Greene’s automobile liability policy and her personal liability umbrella policy. 1 State Farm Mutual Automobile Insurance Company paid the Leros the automobile liability policy’s uninsured motorist coverage limit of $50,000. On May 29, 2009, State Farm’s counsel sent a letter to the Leros denying any uninsured motorist coverage under the umbrella policy, stating:

In partial response to your letter of May 14, 2009, State Farm has advised that under the provisions of the personal liability umbrella policy issued to Denise N. Greene, Policy # 25-BB-N742-4, Ms. Greene did not have any uninsured motorist coverage. I enclose a copy of the Declarations page of her policy which confirms that there was no uninsured motor vehicle coverage purchased.

On February 10, 2010, the Leros filed a breach of contract claim against State Farm. In their claim, the Leros asserted State Farm required Greene to carry uninsured motorist coverage in her underlying automobile liability policy as a prerequisite to maintaining her umbrella policy. The Leros further allege that because the umbrella policy was meant to provide excess coverage over Greene’s automobile liability policy, the policy was also required to provide uninsured motorist coverage. The Leros contended State Farm breached the umbrella policy by refusing to pay them the policy’s $1 million limit to them.

State Farm filed a motion for summary judgment asserting the umbrella policy did not provide uninsured motorist coverage. State Farm explained that the insurance *77 provided by the umbrella policy was based upon Greene’s payment of premiums for the types of coverages she chose. The only type of coverage shown in the “Coverage(s)” section on the umbrella policy’s declarations page was “Coverage L — Personal Liability.” Uninsured motorist coverage was not shown.

State Farm acknowledged the umbrella policy required Greene to maintain the underlying insurance policies listed on the umbrella policy’s declarations page, and one type of policy Greene was required to maintain was automobile liability. State Farm denied, however, that the umbrella policy required her to maintain uninsured motorist coverage on the underlying automobile policy. State Farm explained the umbrella policy’s definition of “automobile liability” policy provided only that, if uninsured motorist coverage is shown on the umbrella policy’s declarations page, then the required underlying automobile liability policy must include uninsured motorist coverage. State Farm further explained that the definition did not provide that, if the required underlying automobile liability policy includes uninsured motorist coverage, then the umbrella policy also includes uninsured motorist coverage. Because the umbrella policy’s declarations page did not show uninsured motorist coverage, State Farm contended the policy did not provide such coverage.

The Leros filed a cross-motion for summary judgment asserting the umbrella policy provided uninsured motorist coverage. The Leros alleged that uninsured motorist coverage fit within the umbrella policy’s definition of “Coverage L — Personal Liability,” which said, in pertinent part:

If a claim is made or suit is brought against an insured for damages because of a loss for which the insured is legally liable and to which this policy applies, we will pay on behalf of the insured, the damages that exceed the retained limit. 2

The Leros argued their claim for uninsured motor vehicle benefits fit within Coverage L — Personal Liability because Greene met the policy’s definition of an “insured,” which was “you and your relatives whose primary residence is your household,” 3 and Greene suffered a “loss,” which the policy defined as “an accident, including accidental exposure to conditions, which first results in bodily injury or property damage during the policy period.” The Leros contended the umbrella policy provided coverage over Greene’s automobile liability policy and Missouri law required Greene to carry uninsured motorist coverage in her automobile liability policy. Because the $2 million judgment against Lyons exceeded the $50,000 limit of uninsured motorist coverage in her automobile liability policy, the Leros argued Coverage L — Personal Liability included uninsured motorist coverage absent an express exclusion. The Leros claimed there was no express exclusion. Additionally, the Leros argued they were entitled to judgment as a matter of law because the umbrella policy was, at best, ambiguous as to whether it provided uninsured motorist coverage.

In its suggestions in opposition to the Leros’ motion for summary judgment, State Farm responded that, contrary to the Leros’ contention, their claim for uninsured motorist benefits did not fit within the umbrella policy’s definition of Coverage L — Personal Liability because it was *78 not a claim “against an insured” but, rather, was a claim brought on behalf of an insured. Because the policy’s declarations page listed only Coverage L — Personal Liability and not uninsured motorist coverage in the “Coverage(s)” section, State Farm contended that the umbrella policy did not include uninsured motorist coverage.

In response to the Leros’ contention that the umbrella policy did not exclude uninsured motorist coverage, State Farm argued that the Leros were inappropriately attempting to shift the burden of proof because they failed to meet their initial burden of showing coverage.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
359 S.W.3d 74, 2011 Mo. App. LEXIS 1383, 2011 WL 5041191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lero-v-state-farm-fire-casualty-co-moctapp-2011.