Lewis Ex Rel. Lewis v. West American Insurance Co.

927 S.W.2d 829, 1996 Ky. LEXIS 86, 1996 WL 492717
CourtKentucky Supreme Court
DecidedAugust 29, 1996
Docket95-SC-751-DG
StatusPublished
Cited by30 cases

This text of 927 S.W.2d 829 (Lewis Ex Rel. Lewis v. West American Insurance Co.) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lewis Ex Rel. Lewis v. West American Insurance Co., 927 S.W.2d 829, 1996 Ky. LEXIS 86, 1996 WL 492717 (Ky. 1996).

Opinions

KING, Justice.

The issue before the Court is the validity of “family” or “household exclusion” clauses contained in liability insurance policies. Such exclusions limit the insurance coverage available for a person’s injuries solely on the basis of the injured party’s status as a member of the policyholder’s family. We find that such an exclusion to insurance coverage is deleterious to our community interests and is repugnant to the public policy of our Commonwealth. Accordingly, we hold that family exclusions to liability insurance policies are invalid and unenforceable.

Angel Lewis, a nine-year old, was a passenger in an automobile owned and operated by her mother, Loretta Lewis. The vehicle was involved in a collision with a tractor-trailer, and Loretta Lewis was killed. Angel suffered serious and permanent injuries including brain damage.

The Lewis automobile was insured by West American Insurance Company. Although the policy provides liability coverage of $100,000 per person, $300,000 per accident, it contains an amendatory endorsement entitled “Amendment of Policy Provisions — Kentucky”. The amendments include a family exclusion which specifically limits liability coverage available for “bodily injury” to the named insured or any family member of the named insured. The coverage is limited to the minimum liability insurance coverage statutorily required by the Kentucky Motor Vehicle Reparations Act. Thus, the insurance policy limits liability coverage to the $25,000 statutory minimum where the injured person is the named insured or a member of a named insured’s family, regardless of who is driving the automobile.

The injuries Angel sustained required intensive medical care. Her medical expenses to date approach $50,000. She requested payment of the liability policy limits of $100,-000, but West American denied the request claiming the family exclusion clause limited her recovery to only $25,000.

Angel Lewis filed an action for declaratory judgment challenging the validity of the family exclusion clause. The Campbell Circuit Court, relying on Staser v. Fulton, Ky.App., 684 S.W.2d 306 (1984), entered summary judgment upholding the exclusion. On review the Court of Appeals found merit in the argument that family exclusion clauses are outmoded but, feeling bound by stare decisis, affirmed the trial court.

COLLUSION AS A BASIS FOR TORT IMMUNITY

The rationale behind family exclusions is to protect insurance companies from the possibility of family members colluding to obtain greater compensation for an injured^ family member than that person rightfully deserves. This same reason was the basis for the passage of “guest statutes” as well as the implementation of the doctrines of spousal immunity and parent-child immunity. In holding the family exclusion provision invalid, we draw upon the experiences learned from, and the public policy articulated in, our past decisions rejecting the possibility of collusion by a few as a valid reason to deny benefits to an entire innocent class. Just as the possibility of fraud and collusion by a few did not justify the continuation of other immunities, it likewise does not justify a family exclusion in a liability insurance policy.

GUEST STATUTES

Beginning in the 1920’s, state legislatures began enacting “guest” statutes. These stat[831]*831utes typically provided that operators of automobiles were not liable for injuries to guest passengers unless the injuries were intentionally caused or, by the terms of some statutes, were caused by gross or willful negligence. Guest statutes “are generally acknowledged to have been the result of persistent and effective lobbying on the part of liability insurance companies.” W. Page Keeton et al., Prosser and Keeton on the Law of Torts, Sec. 34, p. 215 (5th ed. 1984). The justifications proffered for these statutes were the protection of hospitality and the prevention of collusion between hosts and guests. Id.

Kentucky enacted a guest statute in 1930. 1930 Ky. Acts 85, Sec. 12-7. This statute was promptly ruled unconstitutional for violating sections 14, 54, and 241 of the Kentucky Constitution. Ludwig v. Johnson, 243 Ky. 533, 49 S.W.2d 347 (1932). The Court emphasized that “[i]t was the manifest purpose of the framers of [the Kentucky Constitution] to preserve and perpetuate the common-law right of a citizen injured by the negligent act of another to sue to recover damages for his injury.” Id., 49 S.W.2d at 351.

Over time, the guest statutes in most other states were either repealed by state legislatures or invalidated by state courts. Today only three states have “substantially limited” guest statutes, and only one state (Alabama) still retains a “full-fledged version.” James Woods, Guest Statutes; Goodbye and Good Riddance, 16 Cumb.L.Rev. 263, 265-66 (1986).

When courts began to examine guest statutes, they determined that the reasons advanced for their existence did not justify the differential treatment of one class of passengers. “[I]t is unreasonable to eliminate causes of action of an entire class of persons simply because some undefined portion of the designated class may file fraudulent lawsuits.” Brown v. Merlo, 8 Cal.3d 855, 106 Cal.Rptr. 388, 402, 506 P.2d 212, 226 (1973). Although guest statutes might prevent a few collusive suits, most courts determined that their greater negative effect was to penalize the vast majority of automobile passengers who were honestly seeking relief for legitimate injuries. In abrogating guest statutes, courts and legislatures decided to allow the fact-finder, the jury, to ferret out the fraudulent claims rather than arbitrarily punishing the innocent.

INTERSPOUSAL IMMUNITY

Interspousal immunity, the legal doctrine which prevented one spouse from asserting a legal claim against the other, originally was based on the legal fiction of the unity of husband and wife coupled with a person’s inability to sue him or herself. In the mid-nineteenth century, state legislatures began enacting Married Women’s Property Acts. These Acts were aimed at giving married women a separate legal identity. Courts generally interpreted these statutes as only allowing one spouse to enforce property rights against the other. But a spouse was prohibited from suing another for a tort based upon the assumption that interspousal immunity promoted spousal harmony 'and prevented fraudulent claims. Restatement (Second) of Torts, sec. 895F, cmts. b-d (1977). However, as noted by the drafters of the Restatement, “These would seem to be poor justifications for denying all remedy for a serious and genuine wrong.” Id., Comment d.

In 1953, Kentucky’s highest court completely abrogated interspousal immunity. Brown v. Gosser, Ky., 262 S.W.2d 480 (1953). The Court based its decision on the determination that the language of the Married Woman’s Act of 1894 necessitated the abrogation. Previously the Court had interpreted the Act as not affecting the common law rule. The Court found that changing circumstances had eliminated the reasons on which the common law rule was based and that the abrogation of the immunity was more in keeping with modern thought. Id. at 483, 484.

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Cite This Page — Counsel Stack

Bluebook (online)
927 S.W.2d 829, 1996 Ky. LEXIS 86, 1996 WL 492717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-ex-rel-lewis-v-west-american-insurance-co-ky-1996.