McMinn v. Peterson

777 P.2d 1214, 116 Idaho 541, 1989 Ida. App. LEXIS 136
CourtIdaho Court of Appeals
DecidedJune 19, 1989
DocketNo. 17497
StatusPublished
Cited by2 cases

This text of 777 P.2d 1214 (McMinn v. Peterson) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McMinn v. Peterson, 777 P.2d 1214, 116 Idaho 541, 1989 Ida. App. LEXIS 136 (Idaho Ct. App. 1989).

Opinion

WALTERS, Chief Judge.

This is an automobile liability insurance case. It is before us on certification for appeal (I.R.C.P. 54(b)) from an interlocutory order entered by the trial court dismissing a third-party complaint against the insurer, State Farm. The dispute presents two principal issues: first, whether the first-party coverage exception to an automobile owner’s liability policy relieved the insurer of its duty to provide coverage to the insured; and second, whether the insurer was required to defend the insured under the policy. We hold that the first-party coverage exclusion is unambiguous and enforceable and that the insurer had no duty to defend. We affirm the order dismissing the third-party action.

The following facts of this case are not in dispute. James Peterson borrowed a pickup truck from Allen Moss and attached to it a trailer borrowed from Dale McMinn. While Peterson was pulling the trailer with the borrowed pickup, the trailer fishtailed, broke loose and was destroyed.1 At the time of the accident, Moss was the named insured of a motor vehicle insurance policy on the pickup issued by State Farm. The policy included liability coverage for property damage and bodily injury. However, Moss did not carry collision coverage to compensate for first-party damages. According to the terms of the policy, and stipulated to by the parties, Peterson became an “insured” under the policy by virtue of the fact that he was operating the pickup with the permission of the named insured (Moss). The parties have also stipulated that Peterson qualifies as bailee of the trailer.

After the accident, McMinn sued Peterson for $7,500, the alleged damage to the trailer. Peterson then filed a claim with State Farm to cover the damage to the trailer and to advise State Farm of its duty to defend. State Farm denied the claim and refused to defend Peterson, based on an exclusion in the policy’s liability coverage as to first-party damages. Subsequently, Peterson obtained counsel at his own expense and moved for summary judgment against State Farm, contending State Farm was required to provide coverage and a defense to McMinn’s claim for damages arising from the accident. Finding neither coverage nor a duty to defend, the trial court — a magistrate — denied the motion and dismissed the complaint against State Farm. Peterson obtained certification under I.R.C.P. 54(b) regarding the issues determined in the order and appealed to the district court. When the district court affirmed the dismissal, Peterson further appealed to this Court.

Because there are no facts in dispute, we exercise free review to determine whether the trial court was correct, as a matter of law, in dismissing the third-party complaint. In Part I, we address the coverage provided under the insurance policy in question. In Part II, we determine the duty to defend issue. Finally, in Part III, we consider an award of attorney fees for this appeal.

[543]*543i

As noted, the parties to this proceeding have recognized that Peterson was an “insured” under the State Farm policy because Peterson had permission from Moss to use the latter’s pickup. The language defining coverage for automobile liability under the State Farm policy states that trailers designed to be pulled by a private car or utility vehicle are covered, subject to a few exceptions. The policy contained the following provision:

We will:

1. pay damages which an insured becomes legally liable to pay because of:
a. bodily injury to others, and
b. damage to or destruction of property including loss of its use.

Under this provision, it would appear that damage to the trailer was covered by the policy. However, the basic coverage provisions are followed by exclusions. One of these exclusions — the first-party coverage exclusion — states:

THERE IS NO COVERAGE:

3. For any damages:
b. to property owned by, rented to, in charge of or transported by an insured.

Under this exclusion, the trailer in question would not be covered because the insured, Peterson, was “in charge of” the trailer. See State Farm Mutual Automobile Insurance Co. v. Dorough, 277 Ala. 662, 174 So.2d 303 (1965); I.C. § 49-1521.2 Therefore, looking at the policy alone, there would appear to be no coverage.

Despite the unambiguous wording of the policy, taken verbatim from the exclusion stated in I.C. § 49-1521,3 Peterson contends that I.C. § 49-233 invalidates the policy exclusion. Peterson argues that I.C. § 49-233 requires an owner of a motor vehicle to insure not only against damage to other vehicles and persons, but to his own vehicle as well. The pertinent portion of I.C. § 49-233 provides:

49-233 Required motor vehicle insurance. — (a) Every owner of a motor vehicle which is registered and operated in Idaho by the owner or with his permission shall continuously provide insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property suffered by any person____ (Emphasis added.)

Peterson asserts that the trailer owner, McMinn, qualifies as “any person” under this statute. We find Peterson’s interpretation of the statute unpersuasive. In Dullenty v. Rocky Mountain Fire and Casualty Co., 111 Idaho 98, 104, 721 P.2d 198, 204 (1986), our Supreme Court described the insurance requirement of I.C. § 49-233:

[S]uch liability insurance is couched in terms of protecting the owner-operator of a vehicle from claims of damage suffered by others who have been injured by the operation of the vehicle ... (Emphasis added.)

Under this description, other persons — not the owner-operator of the vehicle — are afforded protection from injurious use of the vehicle. When read in conjunction with [544]*544I.C. § 49-1521, the statute does not require coverage of damage caused to property “owned by, rented to, in charge of or transported by” the insured.

We find no requirement in the law that one must insure his own person or property against loss. I.C. § 49-1521. Such personal protection certainly would be available through collision insurance. The rationale behind this is clear. First-party insurance involves the weighing of risks against possible damage to one’s own person or property. If a person wishes to insure his property, he may do so to receive the insurance proceeds upon damage to his property. However, if he elects not to insure his property he must assume the loss upon damage to his own property. The law allows a person to take insurance risks with his own person or property. However, the law does not permit a person to take risks with other persons or their property. I.C. § 49-233. In this case, Peterson, as a bailee, had a limited property interest in the trailer, and could have obtained insurance to protect his interest. 8 AM.JUR.2D BAILMENTS §§ 83, 137 (1980). Peterson elected not to insure the trailer, therefore, he should bear the loss for taking that risk.

Finally, Peterson argues that, under Farmers Insurance Group v. Reed, 109 Idaho 849, 712 P.2d 550

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777 P.2d 1214, 116 Idaho 541, 1989 Ida. App. LEXIS 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcminn-v-peterson-idahoctapp-1989.