Meade v. Great American Assurance Co.

198 F. App'x 475
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 4, 2006
Docket05-6496
StatusUnpublished
Cited by1 cases

This text of 198 F. App'x 475 (Meade v. Great American Assurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meade v. Great American Assurance Co., 198 F. App'x 475 (6th Cir. 2006).

Opinion

PER CURIAM.

In this diversity insurance coverage dispute, the plaintiff, Brandon Meade, by and through his next friend and legal guardian, Maggie Renea Meade, challenges the order of the district court granting summary judgment to the defendant, Great American Assurance Company. Because the unambiguous language of the relevant insurance policy limits coverage in such a way as to exclude recovery for the injuries suffered by the plaintiff, we conclude that the district court did not err and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On the day that the disputed claim in this case arose, 11-year-old Brandon Meade was a passenger in his grandfather’s 1991 Plymouth Voyager van that was traveling eastbound on Interstate 64 approximately five miles from Winchester, Kentucky, when the grandfather slowed for an accident in front of him in the roadway. Unfortunately, Larry Mayes, another eastbound motorist, was traveling between 45 and 50 miles per hour and rear-ended the van with his 1994 Ford Ranger pickup truck, causing serious injuries to the young plaintiff. At the time of the accident, Mayes was insured by Kentucky Farm Bureau for $25,000, and Mayes’s insurer “paid the full amount of their policy limits to” Meade. The plaintiff nevertheless sought additional recompense for the extensive damages that Brandon is alleged to have suffered.

Brandon’s parents, Henry and Maggie Renea Meade, had an insurance policy for their personal vehicles with Nationwide Insurance, which also paid up to the limits of the underinsured motorist provisions of the policy. The family, however, also sought to recover underinsured motorist benefits pursuant to a “Non-Trucking Liability and Physical Damage Auto Coverage Policy” that Henry Meade had purchased from Great American to provide auxiliary coverage on three tractor-trailer tractors Henry owned as part of his business. After Great American denied the claim, the plaintiff filed suit against the insurer in Kentucky state court, alleging improper denial of benefits and bad faith. The insurance company removed the matter to *477 federal court, however, and both parties filed motions for summary judgment.

The district court eventually determined that no genuine issues of material fact were involved in the litigation and granted summary judgment to the defendant insurance company. In doing so, the district judge concluded that Great American’s underinsured motorist coverage applied only in situations involving the “non-trucking use” of Henry Meade’s three semis. Because Great American was not hable on this particular claim, the court further held the company did not act in bad faith in withholding the requested payment. From that order, the plaintiff now appeals.

DISCUSSION

We review de novo the grant of summary judgment by a district court. See Ciminillo v. Streicher, 434 F.3d 461, 464 (6th Cir.2006). Summary judgment is proper where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). A genuine issue of material fact exists only when, assuming the truth of the non-moving party’s evidence and construing all inferences from that evidence in the light most favorable to the non-moving party, there is sufficient evidence for a trier of fact to find for that party. A non-moving party cannot withstand summary judgment, however, by introduction of a “mere scintilla” of evidence in its favor. See Ciminillo, 434 F.3d at 464.

In exercising its diversity jurisdiction in this case, the district court was required to “apply state law in accordance with the then controlling decision of the highest state court” of the forum state. Bailey Farms, Inc. v. NOR-AM Chem. Co., 27 F.3d 188, 191 (6th Cir.1994); see also Erie R.R. Co. v. Tompkins, 304 U.S. 64, 78, 58 S. Ct. 817, 82 L.Ed. 1188 (1938). The Kentucky Supreme Court has summarized many of the canons to be used in the interpretation of insurance contracts within the commonwealth:

[A]s to the manner of construction of insurance policies, Kentucky law is crystal clear that exclusions are to be narrowly interpreted and all questions resolved in favor of the insured. Exceptions and exclusions are to be strictly construed so as to render the insurance effective. Any doubt as to the coverage or terms of a policy should be resolved in favor of the insured. And since the policy is drafted in all details by the insurance company, it must be held strictly accountable for the language used.

Eyler v. Nationwide Mut. Fire Ins. Co., 824 S.W.2d 855, 859-60 (Ky.1992) (citations omitted). As we recognized in Peoples Bank & Trust Co. v. Aetna Casualty & Surety Co., 113 F.3d 629, 636 (6th Cir. 1997), however, such canons are applicable only “when the language of the insurance contract is ambiguous or self-contradictory. Otherwise, the contract is to be read according to its plain meaning, its true character and purpose, and the intent of the policies.”

Neither the Meades nor Great American dispute the district court’s description of the various vehicle insurance coverages maintained by the plaintiffs family. In his opinion and order disposing of the competing summary judgment motions, the district judge stated:

As noted above, Henry Meade owns three different types of automotive/trucking insurance policies. Meade and his wife have car insurance with Nationwide on their personal vehicles, as required by Kentucky law. K.R.S. § 304.39-080. Presumably, this policy would cover any injury sustained by *478 Henry Meade, his wife, or his son Brandon while operating or riding in one of the personal vehicles. However, the Nationwide policy is not in issue in this case.
In his occupation as an owner/operator, Henry Meade also maintains insurance coverage of three semi-tractors. Coverage under that policy is at issue here. The policy is divided into two sections. The first part provides collision coverage when the semis are used to tow trailers. The second part provides coverage when the semi-tractor is “deadheading.”

The court further explained, “ ‘Deadheading’ is the operation of a tractor-trailer or a truck where the trader or truck is empty and contains no cargo; a vehicle without a load. Prestige Cas. Co. v. Michigan Mut. Ins. Co., 99 F.3d 1340, 1343 (6th Cir.1996),

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198 F. App'x 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meade-v-great-american-assurance-co-ca6-2006.