Medlock v. Safeway Ins. Co. of Alabama

15 So. 3d 501, 2009 Ala. LEXIS 33, 2009 WL 215304
CourtSupreme Court of Alabama
DecidedJanuary 30, 2009
Docket1071303
StatusPublished
Cited by7 cases

This text of 15 So. 3d 501 (Medlock v. Safeway Ins. Co. of Alabama) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Medlock v. Safeway Ins. Co. of Alabama, 15 So. 3d 501, 2009 Ala. LEXIS 33, 2009 WL 215304 (Ala. 2009).

Opinions

STUART, Justice.

Safeway Insurance Company of Alabama sued policy owners Mary Medlock and Cassandra Cooper, seeking a judgment declaring that it did not owe underin-sured-motorist benefits to Johnnie Baker and the estate of Keith Cooper. The trial court entered a judgment for Safeway; Medlock, Cooper, Keith Cooper’s estate, and Baker appeal. We reverse and remand.

Facts and Procedural History

On October 11, 2006, Safeway issued an automobile insurance policy to Medlock. On October 12, 2006, Safeway issued a renewal policy for automobile insurance to Cooper. The declaration in both policies provided:

“By acceptance of this policy you agree:
“4. that the coverage afforded by the policy shall not apply to any loss or damage arising from any accident which occurs while any automobile is being driven, operated, manipulated, maintained, serviced, or used in any other manner by an unlisted driver, on the Application, Declarations, and/or on the Endorsement, under the age of twenty-five (25), who resides in the same household as the named insured, and/or is a regular or frequent operator of any automobile insured under this policy. This exclusion shall apply whether or not the named insured is occupying any automobile at the time said driver is using it in any manner whatsoever.”

With regard to uninsured-motorist coverage, both policies provided:

“Part C — Uninsured Motorist Coverage Insuring Agreement
“We will pay damages which a Covered Person, as defined in this Part, is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury:
“1. Sustained by a Covered Person; and
“2. Caused by an accident, which in no way involves the operation of any automobile by a Non-Covered Person, as defined in this Part;
“The owner’s or operator’s liability for these damages must arise out of the ownership, maintenance or use of the uninsured motor vehicle.
“Any judgment for damages arising out of a suit brought without prior notice to us, and without our written consent is not binding on a claim being made by any Covered Person, as defined in this Part, against us. A default judgment rendered against the owner or operator of an uninsured motor vehicle shall not be binding nor determinative of any issue arising in a claim being made by any Covered Person, as defined in this Part.
[504]*504“No recovery can be made under this Part until the Covered Person has received by way of settlement or judgment, the full limits of coverage under any applicable bodily injury liability policy or bond.
“ ‘Covered Person’ as used in this Part means:
“1. You, and a Family Member(1) other than a Non-Covered Person
“2. Any other person occupying Your Covered Auto (provided it is not operated by a Non-Covered Person)
“ ‘Non-Covered Person’ as used in this Part means an operator of any automobile who:
“1. Is a Family Member or is otherwise a member of your household under the age of twenty and is not listed on the Application, Declarations and/or added by Endorsement.
“2. Is listed as an ‘Excluded Driver(s)’ on the Application, Declarations and/or added by Endorsement.
“3. Is a regular and frequent user of Your Covered Auto and not listed on the Application, Declarations and/or by Endorsement.
“ ‘Uninsured Motor Vehicle’ means a land motor vehicle or trailer of any type:
“1. To which no bodily injury liability bond or policy is in effect at the time of the accident.
“2. To which a bodily injury liability bond or policy is in effect at the time of the accident but the sum of the limits of liability coverage under all policies is less than the damages which the injured person is legally entitled to recover from the owner or operator of the uninsured motor vehicle.
“3. Which is a hit and run vehicle whose operator or owner cannot be identified and which hits or which causes an accident resulting in ‘bodily injury’ without hitting. If there is no physical contact with the hit and run vehicle the fact of the accident must be corroborated by competent evidence other than testimony of any person making a claim under this or any other similar insurance as a result of such accident.
“However, ‘Uninsured Motor Vehicle’ does not include any vehicle or equipment:
“1. Identified as ‘Your Covered Auto’ on the Application, Declarations, and/or by Endorsement.
“2. Owned by or furnished or available for the regular use of you or any Family Member.
“3. Operated by Non-Covered Person.
“4. Operated on rails or crawler treads.
“5. Which is a farm type tractor or equipment designed mainly for use off public roads except while on public roads.
“6. While located for use as a residence or premises.
“EXCLUSIONS
“A. We do not provide Uninsured Motorist Coverage for bodily injury sustained by any person:
, “1. During or as a result of operation ' of any automobile by a Non-Covered Person.
“2. If that person or the legal representative settles the bodily injury [505]*505claim without notice to us and our consent.
“3. While occupying Your Covered Auto when it is, being used to carry persons or property for a fee. This exclusion does not apply to a share-the-expense car pool.
“4. Using a vehicle without a reasonable belief that the person is entitled to do so.
“5. Using a vehicle in the commission of a crime, other than a traffic violation.
“6. Who is an unlicensed driver or whose driving privileges have been terminated and/or suspended.
“B. This coverage shall not apply directly or indirectly to benefit an insurer or self-insurer under any of the following or similar laws:
“1. workers’ compensation law; or
“2. disability benefit law.”

On October 25, 2006, Keith Cooper, Cassandra Cooper’s brother, was driving the automobile described in Medlock’s Safeway policy. Johnnie Baker was a passenger in the vehicle. The automobile Keith Cooper was driving was involved in an accident with an automobile driven by Sean Cardell Dees. Keith Cooper died as a result of the accident, and Baker sustained injuries.

Keith Cooper’s estate and Baker were paid the limits of Dees’s insurance policy. Keith Cooper’s estate then made a claim for underinsured-motorist coverage on both Medlock’s and Cooper’s Safeway policies, and Baker made a claim for underin-sured-motorist coverage on Medlock’s Safeway policy.

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Medlock v. Safeway Ins. Co. of Alabama
15 So. 3d 501 (Supreme Court of Alabama, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
15 So. 3d 501, 2009 Ala. LEXIS 33, 2009 WL 215304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medlock-v-safeway-ins-co-of-alabama-ala-2009.