Massingill v. State Farm Mutual Automobile Insurance Co.

176 P.3d 816, 2007 Colo. App. LEXIS 1304
CourtColorado Court of Appeals
DecidedJuly 12, 2007
DocketNo. 06CA1054
StatusPublished
Cited by9 cases

This text of 176 P.3d 816 (Massingill v. State Farm Mutual Automobile Insurance Co.) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Massingill v. State Farm Mutual Automobile Insurance Co., 176 P.3d 816, 2007 Colo. App. LEXIS 1304 (Colo. Ct. App. 2007).

Opinion

Opinion by

Judge CASEBOLT.

In this uninsured/ underinsured motorist (UM/UIM) insurance coverage dispute, plaintiffs, Julie Massingill and Daniel Massingill, individually and as parents and next friends of their children, Brian McGraw and Amber Massingill, appeal the summary judgment in favor of defendant, State Farm Mutual Automobile Insurance Company. The issues are whether an insurance company may deny UM/UIM coverage to a resident relative driver and resident relative passenger when the policy excludes the driver from coverage because of a poor driving record, and if so, whether the actual exclusion here is effective to preclude coverage. We conclude that an insurance company may exclude the driver and did so here, and that the insurer also may deny coverage for the resident relative passenger under these circumstances. Thus, we affirm the summary judgment, although we do so on grounds different from those relied upon by the trial court.

[819]*819The following facts are undisputed. State Farm insured the Massingills through two separate automobile insurance policies. In September 2002, State Farm sent a letter to the Massingills informing them that their coverage would not be renewed for two vehicles, a 1992 Ford and a 2001 Dodge, because of Brian’s poor driving record. However, the letter contained an “Exclusion Offer,” which stated:

You may continue your insurance coverage if you agree to exclude Brian MeGraw. If a driver exclusion is added, we would not be liable for damages, losses, or claims arising out of the operation or use of an insured motor vehicle by the excluded person(s), whether or not such operation or use is with the expressed or implied permission of a person insured under the policy. This driver exclusion would be included in any subsequent transfer, reinstatement or renewal of your policies. Indicate agreement by signing below and return this notice prior to the effective date of nonrenewal.

Julie Massingill signed the offer and returned it to State Farm on September 20, 2002. She then obtained liability coverage for Brian on a third vehicle, a 1993 passenger car, through Superior Insurance Company. She rejected the UM/UIM coverage that was offered under that policy.

State Farm renewed the insurance policies, which included $100,000 per person UM/ UIM coverage. The policy included coverage for “relatives” of Julie Massingill. “Relative” is defined in the policy as “any other person related to you [the named insured] by blood, marriage or adoption ... who usually lives with you even if living temporarily elsewhere” (emphasis omitted). It is undisputed that Brian and Amber fit the definition of an “insured” under the policy as resident relatives. However, attached to the policy was a driver exclusion endorsement, which stated:

This endorsement is part of your policy. Except for the changes it makes, all other terms of the policy remain the same and apply to this endorsement.
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IN CONSIDERATION OF THE PREMIUM CHARGED FOR <YOUR> POLICY IT IS AGREED WE SHALL NOT BE LIABLE AND NO LIABILITY OR OBLIGATION OF ANY KIND SHALL ATTACH TO U.S. FOR <BODILY INJURY, LOSS> OR DAMAGE UNDER ANY OF THE COVERAGES OF THE POLICY WHILE ANY MOTOR VEHICLE IS OPERATED BY_

The endorsement did not mention a specific driver, but the parties agree that the endorsement is part of the policy and applies to Brian.

Brian and Amber were injured in an automobile accident on March 30, 2003. Brian was driving the 1993 passenger ear, insured by Superior, with Amber as the passenger, when a large sport utility vehicle (SUV) turned left in front of him.

The driver of the SUV was insured for liability coverage by another insurance company, which paid its per person policy limit of $50,000 to both Brian and Amber. Plaintiffs then submitted a claim to State Farm for underinsured motorist benefits.

State Farm denied plaintiffs’ UM/UIM claims on the basis that the driver exclusion precluded claims under any coverage when Brian was driving any vehicle. Following State Farm’s denial, plaintiffs commenced this action for breach of contract in denying the UM/UIM benefits and for bad faith.

State Farm moved for summary judgment, arguing that the driver exclusion precluded recovery and that coverage could also be denied under the “owned but not insured” exclusion of the policy. Plaintiffs responded that the driver exclusion was void as contrary to public policy, but even if it were not, it was ineffective to exclude Brian and Amber from UM/UIM coverage. Plaintiffs also argued that the “owned but not insured” exclusion was void as contrary to public policy-

Concluding that UM/UIM coverage was precluded under the “owned but not insured” exclusion of the policy, the trial court granted summary judgment. It did not address the other arguments. This appeal followed.

[820]*820Plaintiffs assert the court erred in granting summary judgment in favor of State Farm. We disagree.

We review a summary judgment de novo. When, as here, there are no genuine issues of material fact, summary judgment is proper upon a showing that the moving party is entitled to judgment as a matter of law. See C.R.C.P. 56(c); McCormick v. Union Pac. Res. Co., 14 P.3d 346, 348 (Colo.2000).

I. Public Policy and Statutory Authority for Driver Exclusion

Plaintiffs contend that, as resident relatives of the named insureds, Brian and Amber are insured under the policy’s UM/ UIM coverage. They assert that the driver exclusion contained in the policy is an attempt to dilute, condition, or limit statutorily mandated UM/UIM coverage, which violates public policy and, therefore, is void. State Farm does not deny that Brian and Amber are resident relatives. However, it argues that the driver exclusion operates to exclude them as “insureds” from all coverage under the policy because Brian was driving the vehicle. State Farm asserts that the exclusion is statutorily authorized and is not void. We agree with State Farm.

The interpretation of an insurance policy presents a question of law that we review de novo. Allstate Ins. Co. v. Huizar, 52 P.3d 816, 819 (Colo.2002); Farmers Alliance Mut. Ins. Co. v. Ho, 68 P.3d 546, 548 (Colo.App.2002).

Insurance policies are contracts and must be construed to carry out the intent of the parties. The words and phrases in an insurance policy are to be given their plain, everyday meaning, and strained constructions should be avoided. Allstate Ins. Co. v. Starke, 797 P.2d 14, 17-18 (Colo.1990).

In construing a statute, our primary duty is to give effect to the intent of the General Assembly and adopt the statutory construction that best effectuates the purposes of the legislative scheme, looking first to the plain language of the statute. Spahmer v. Gullette, 113 P.3d 158, 162 (Colo.2005).

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Cite This Page — Counsel Stack

Bluebook (online)
176 P.3d 816, 2007 Colo. App. LEXIS 1304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/massingill-v-state-farm-mutual-automobile-insurance-co-coloctapp-2007.