Lumberman's Mutual Casualty Co. v. Hanover Insurance

645 N.E.2d 35, 38 Mass. App. Ct. 53, 1995 Mass. App. LEXIS 17
CourtMassachusetts Appeals Court
DecidedJanuary 24, 1995
DocketNo. 93-P-1348
StatusPublished
Cited by10 cases

This text of 645 N.E.2d 35 (Lumberman's Mutual Casualty Co. v. Hanover Insurance) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lumberman's Mutual Casualty Co. v. Hanover Insurance, 645 N.E.2d 35, 38 Mass. App. Ct. 53, 1995 Mass. App. LEXIS 17 (Mass. Ct. App. 1995).

Opinion

Ireland, J.

We are asked to interpret an insurance policy entitled “Trucker’s Policy” issued by the defendant, Hanover Insurance Company (Hanover), certain provisions of which, at first glance, seem to yield contradictory or ambiguous results. The matter involves an insurance coverage dispute between the parties and comes to us on appeal from a Superior Court judgment declaring, under G. L. c. 231 A, that Hanover is not obligated to provide coverage in the particular situation that was presented to the court because of an exclusion from coverage provision in its policy. We read the policy differently, and, for reasons detailed below, declare that Hanover is obligated to provide coverage.

[54]*54The facts are not disputed. On March 16, 1987, Michael Glennon, an employee of Future Freight Systems, Inc. (Future Freight), was injured in the course of his employment while operating a truck leased to Future Freight by C.H.A. Leaseway, Inc. (C.H.A.). The accident occurred when the truck Glennon was operating was cut off by another vehicle, which left the scene and has remained unidentified.

Future Freight, the truck’s lessee, had insured the truck through Hanover. C.H.A., the lessor, had insured the truck through the plaintiff, Lumberman’s Mutual Casualty Company (Lumberman’s). Glennon claimed and received benefits under the uninsured motorist provisions of Lumberman’s policy in the full policy amount of $100,000. Hanover paid the property damage claim on the truck. Glennon also filed suit against C.H.A. in Plymouth County Superior Court alleging negligent maintenance of the truck’s brakes on C.H.A.’s part.

Following the accident, Lumberman’s filed a complaint for declaratory judgment pursuant to G. L. c. 231A in Middle-sex Superior Court, seeking a determination of Hanover’s rights and obligations under the policy it had issued to Future Freight. Hanover filed a motion for summary judgment which, in a memorandum of decision and order, was allowed by the court. Lumberman’s appeals from the ensuing judgment.

Lumberman’s position here, as it was below, is that (1) it is entitled to reimbursement to the extent of Hanover’s policy limits for the $100,000 payment made by Lumberman’s for uninsured motorist benefits; and (2) Hanover has a duty both to defend C.H.A. in the pending action against it in Plymouth Superior Court, and to indemnify C.H.A. in the event of an adverse judgment against it in that case. Hanover denies that it is obligated under its policy.

Several provisions of the Hanover policy are relevant to this dispute. Part IV, § D, of the policy (“Who is Insured”) identifies Future Freight, to whom the policy was issued, as the named insured (“[y]ou are an insured for any covered auto”). In addition to that, Part IV, § D, provides:

[55]*55“The owner or anyone else from whom you [Future Freight] hire or borrow a covered auto which is not a trailer is an insured while the covered auto: (a) is being used exclusively in your business. . . .”

C.H.A., the truck’s owner and lessor, appears to fit squarely within this provision.

The term “Insured” appearing in the language quoted above is further defined in Part I, § F, of the policy as “any person or organization qualifying as an Insured in the WHO IS INSURED section . . .”. The definition also contains a standard severability of insurance clause, see Worcester Mut. Ins. Co. v. Marnell, 398 Mass. 240, 244 (1986), that reads: “Except with respect to our limit of liability, the Insurance afforded applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought” (emphasis supplied). Stated in similar terms, this clause “requires that each insured be treated as having a separate insurance policy.” 398 Mass. at 244. Again, C.H.A. appears to fall within this provision as a separate, other insured party.

Under Part IV, entitled “We Will Pay”, Hanover’s policy appears to provide the very sort of coverage C.H.A. seeks:

“1. We will pay all sums the insured legally must pay as damages because of bodily injury or property damage to which this insurance applies, caused by an accident and resulting from the ownership, maintenance or use of a covered auto.
“2. We have the right and duty to defend any suit asking for these damages. However, we have no duty to defend suits for bodily injury or property damage not covered by this policy. . . .”

Finally, the policy at Part IV, § C(5), specifically excludes from coverage:

“Bodily injury to any employee of the Insured arising out of and in the course of his or her employment by [56]*56the Insured. However, this exclusion does not apply to bodily injury to domestic employees not entitled to workers’ compensation benefits.” (Emphasis supplied.)

The quoted provision is plainly intended to exempt from coverage personal injury claims made against a particular insured party by an employee of that party, who was acting within the scope of employment and who, therefore, would be covered by the Workers’ Compensation Act, G. L. c. 152. (That intent is reinforced in the second sentence quoted above, which excepts domestic employees not covered by workers’ compensation from the exclusion.) As such, the provision reinforces the Act’s exclusivity of remedy provisions for work-related injuries. Id. at § 23. See also Berger v. H.P. Hood, Inc., 416 Mass. 652, 655-656 (1993).

Hanover seizes upon the exclusion provision quoted above to argue in effect that, because the injured party, Glennon, was an employee of the named insured, his claim against C.H.A., a separate insured party, is not covered by the policy. Lumberman’s, on the other hand, relies on the severability of insurance clause, together with the fact that C.H.A., too, is an insured party, to argue that the exclusion does not apply to C.H.A.’s claim, because Glennon was not C.H.A.’s employee. In his memorandum of decision, the judge agreed and ruled that “[t]he exclusion clause predominates over the ‘insured’ provision and controls this case.” In so ruling, the judge refused to give the “other insured” provisions, or the severability of insurance clause, their full effect, as to do so in his opinion “would lead to unintended results.” The judge reasoned that the “other insured” clause applies only in instances where injured third parties not employed by either insured party make a claim against the policy.

As a preliminary matter, we note — as did the judge — that “ [t]he responsibility of construing the language of an insurance contract is a question of law for the trial judge, and then for the reviewing court.” Cody v. Connecticut Gen. Life Ins. Co., 387 Mass. 142, 146 (1982). The judge’s conclusions of law are, therefore, entitled to no particular deference on appeal. We attempt to interpret the policy so as to [57]*57give reasonable effect to all of its words and provisions, and try to avoid rendering any portion of the policy superfluous. Worcester Mut. Ins. Co., 398 Mass. at 245. We also favor an interpretation which “best effectuates the main manifested design of the parties [Future Freight and Hanover].” Ibid. (Citation omitted.)

Bearing in mind these general principles of construction, we turn to the particulars of the policy.

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Cite This Page — Counsel Stack

Bluebook (online)
645 N.E.2d 35, 38 Mass. App. Ct. 53, 1995 Mass. App. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lumbermans-mutual-casualty-co-v-hanover-insurance-massappct-1995.