Matthew Lefler, as of the Estate of Daisy Bender and as Successor Fiduciary of Estate of Laverne, Bender v. General Casualty Company of Wisconsin

260 F.3d 942, 2001 U.S. App. LEXIS 18369, 2001 WL 913993
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 15, 2001
Docket00-2318
StatusPublished
Cited by15 cases

This text of 260 F.3d 942 (Matthew Lefler, as of the Estate of Daisy Bender and as Successor Fiduciary of Estate of Laverne, Bender v. General Casualty Company of Wisconsin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Matthew Lefler, as of the Estate of Daisy Bender and as Successor Fiduciary of Estate of Laverne, Bender v. General Casualty Company of Wisconsin, 260 F.3d 942, 2001 U.S. App. LEXIS 18369, 2001 WL 913993 (8th Cir. 2001).

Opinion

WOLLMAN, Chief Judge.

Matthew Lefler, representative of the estates of Daisy and LaVerne Bender, appeals from the adverse grant of summary judgment entered by the district court 1 in his declaratory judgment action against General Casualty Company of Wisconsin (General Casualty). We affirm.

I.

LaVerne Bender was injured on July 27, 1997, when the motorcycle on which he was riding, which he owned, collided with an automobile. He later died from his injuries. His wife, Daisy Bender, subsequently brought this declaratory judgment action against General Casualty, which provided an insurance policy to LaVerne Bender that fisted on the declarations page two vehicles, but not the motorcycle. Daisy Bender died in October of 1999; this *944 action was continued by Lefler, her son, for the estates.

Lefler’s claim is based on the underin-surance portion of the insurance policy issued to LaVerne Bender by General Casualty. The relevant part of the underin-surance section provides:

UNDERINSURED MOTORIST COVERAGE — IOWA
We will pay compensatory damages which an “insured” is legally entitled to recover from the owner or operator of an “underinsured motor vehicle” because of “bodily injury” caused by an accident.
The owner’s or operator’s liability for these damages must arise out of the ownership, maintenance or use of the “underinsured motor vehicle.”
EXCLUSIONS
A. We do not provide Underinsured Motorist Coverage for bodily injury sustained by any person:
1. While “occupying,” or when struck by, any motor vehicle owned by you or any “family member” which is not insured for this coverage under this policy....

Appellant’s App. at 133.

General Casualty refused underinsurance coverage to the Benders based on the A.1 exclusion. It noted that provisions like A.1, which are considered “owned-but-not-insured” clauses, have been upheld in the Iowa courts to exclude coverage in similar situations, where an insured could have insured the vehicle he owned but did not.

Lefler moved the district court to certify to the Iowa Supreme Court the state-law question whether a surviving spouse can recover for the personal injury and death of the other spouse under the underinsurance section of an insurance policy on vehicles other than the one operated and owned by the spouse at the time of the accident. Lefler specifically challenged the exclusionary clause because it did not coordinate with the “covered auto” provision or any other provisions of the policy.

The district court determined that under its local rules and the Iowa statutory provision for certification, Iowa Code Ann. § 684A.1, 2 certification would be inappropriate unless it found itself genuinely uncertain about a question of state law. The court found that controlling precedent existed on the validity of owned-but-not-insured clauses like the one at issue and thus denied the motion to certify. The court subsequently granted summary judgment to General Casualty, concluding that the exclusionary clause excluded coverage for the motorcycle accident. Lefler appeals, arguing that the district court erred in refusing to certify and in finding that the exclusionary provision precluded coverage for his claim.

We review the district court’s grant of summary judgment de novo. Henerey v. City of St. Charles, 200 F.3d 1128, 1131 (8th Cir.1999). Summary judgment is proper if the evidence, viewed in the light most favorable to the nonmoving party, demonstrates that no genuine issue of material fact exists and the moving party is *945 entitled to judgment as a matter of law. Id.; Fed.R.Civ.P. 56(c). “The question of certification is committed to the sound discretion of the district court.” Allstate Ins. Co. v. Steele, 74 F.3d 878, 881 (8th Cir.1996).

II.

“State law controls the construction of insurance policies when a federal court is exercising diversity jurisdiction.” Bell v. Allstate Life Ins. Co., 160 F.3d 452, 455 (8th Cir.1998). We review the district court’s determination of state law de novo. Id.

Under Iowa law, when coverage “is granted in broad terms, an insurer must defíne exclusions in clear and explicit terms and also bear the burden of proving the applicability of an exclusion.” Prudential Ins. Co. of America v. Martinson, 589 N.W.2d 64, 65 (Iowa 1999). Exclusions from coverage are construed strictly against the insurer, id., and state courts must “interpret ambiguous policy provisions in [the insured person’s] favor. Ambiguity exists if, after the application of pertinent rules of interpretation to the policy words, a genuine uncertainty results as to which one of two or more meanings is the proper one.” Grinnell Mut. Reins. Co. v. Voeltz, 431 N.W.2d 783, 785 (Iowa 1988).

Although “[u]ninsured and underin-sured coverage protects and follows the person, not the vehicle,” Hornick v. Owners Ins. Co., 511 N.W.2d 370, 372 (Iowa 1993), owned-but-not-insured exclusionary clauses have been upheld in Iowa as denying coverage under the uninsurance and underinsurance policy sections of insurance policies for injuries to an insured resulting from an accident that occurred while he occupied or operated a vehicle he owned but had not specifically insured under the relevant policy. LeMars Mut. Ins. Co. v. Joffer, 574 N.W.2d 303, 308-09 (Iowa 1998) (discussing substantial litigation focusing on owned-but-not-insured exclusions); Dilly v. Grinnell Select Ins. Co., 563 N.W.2d 197, 199 (Iowa Ct.App.1997) (“ ‘Owned but not insured’ clauses are valid under Iowa law.”). These provisions are designed to avoid a duplication of insurance or other benefits. Joffer, 574 N.W.2d at 309. When reviewing an owned-but-not-insured clause, Iowa courts have noted that “the insured has control of the vehicle and the coverage on it. If a person decides to buy a small amount of underinsured motorist coverage for it, ...

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260 F.3d 942, 2001 U.S. App. LEXIS 18369, 2001 WL 913993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthew-lefler-as-of-the-estate-of-daisy-bender-and-as-successor-fiduciary-ca8-2001.