Miller v. Aetna Life & Casualty Co.

851 P.2d 1253, 70 Wash. App. 192, 1993 Wash. App. LEXIS 244
CourtCourt of Appeals of Washington
DecidedJune 1, 1993
DocketNo. 12141-1-III
StatusPublished
Cited by2 cases

This text of 851 P.2d 1253 (Miller v. Aetna Life & Casualty Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Aetna Life & Casualty Co., 851 P.2d 1253, 70 Wash. App. 192, 1993 Wash. App. LEXIS 244 (Wash. Ct. App. 1993).

Opinion

Thompson, J.

Patricia A. Miller appeals summary judgment orders dismissing her lawsuit against Aetna Life & Casualty Company. She contends Aetna should be compelled to arbitrate damages under her underinsured motorist coverage. We remand for further proceedings.

There are no disputed facts. On or about March 5, 1988, Ms. Miller's spouse, Lloyd Miller, was struck and killed by a motor vehicle owned and operated by Distribution Trucking. At the time of the accident, Millers were insured under a personal automobile policy written by Aetna. Their policy provided underinsured motorist coverage. Excluded from the definition of "underinsured motor vehicle" was any vehicle

owned or operated by a self-insurer under any applicable motor vehicle law to the extent that damages are payable under a certificate of self-insurance.

Aetna did not produce a certificate of self-insurance issued to Distribution Trucking. It did produce a letter from the Washington Utilities and Transportation Commission (WUTC) dated April 25,1991, stating that the WUTC recognized Distribution Trucking as a self-insurer. The recognition was based on a decision by the Interstate Commerce Commission (ICC) authorizing the trucking company to self-insure bodily injury, property damage, and cargo liability.

The trial court determined that, based on the WUTC letter and ICC decision, Distribution Trucking qualified as a self-insurer under Millers' policy. Accordingly, Aetna's motion for summary judgment was granted and Ms. Miller's motion for summary judgment was denied.

The sole issue on appeal is whether Aetna established, as a matter of law, that Distribution Trucking was self-insured within the terms of the policy issued to Millers.

Ms. Miller contends the Aetna policy requires a document entitled "certificate of self-insurance" and such certificate can only be issued by the Washington Department of Licensing pursuant to RCW 46.29.630.1 According to Ms. Miller, [195]*195the ICC decision and WUTC letter are insufficient proof of self-insurance under the Aetna policy. Aetna contends federal and state law applicable to common carriers does not provide for issuance of certificates of self-insurance and the WUTC letter and ICC decision satisfy the policy requirements.

In reviewing summary judgment orders, the appellate court engages in the same inquiry as the trial court. Since there are no disputed issues of fact presented in this appeal, the sole question is whether either party was entitled to judgment as a matter of law. Wilson v. Steinbach, 98 Wn.2d 434, 437, 656 P.2d 1030 (1982).

Applicable Motor Vehicle Law

a. Federal Law. Distribution Trucking maintains a fleet of trucks which transport goods in interstate commerce. Common motor carriers transporting general commodities in interstate commerce are subject to subchapter II, chapter 105, subtitle IV of Title 49 of the United States Code and the jurisdiction of the ICC. 49 U.S.C. § 10521(a). The ICC wifi issue a certificate authorizing a carrier to provide transportation only if the carrier files approved surety bonds, certificates of insurance, proof of qualifications as a self-insurer, or other type of security, conditioned to pay any final judgment recovered against such motor carrier for bodily injury or death resulting from the carrier's negligence. 49 U.S.C. § 10927(a)(1); 49 C.F.R. § 1043.1(a).

[196]*196The ICC will consider and approve, subject to appropriate and reasonable conditions, applications of a motor carrier to qualify as a self-insurer. The carrier is required to furnish financial statements and other evidence of its ability to satisfy obligations for bodily injury, liability, property damage liability, and cargo liability. 49 C.F.R. § 1043.5(a). Acting on a carrier's application, the ICC determines, among other things, whether the carrier has a sound self-insurance program. The program may include, but is not limited to, one or more of the following: irrevocable letters of credit, irrevocable funds, reserves, excess insurance coverage or other similar arrangements. 49 C.F.R. § 1043.5(a)(2).

In 1987, Distribution Trucking filed an application with the ICC for authority to become self-insured. In a decision rendered November 6, 1987, Distribution Trucking was authorized to self-insure bodily injury, property damage and cargo liability, subject to certain conditions. One of the conditions required the company to maintain a $1 million letter of credit or trust fund for bodily injury and property damage liability, the terms of which required ICC approval. Another condition required Distribution Trucking to continue to meet established net worth requirements.

There is no evidence in the record to indicate whether the conditions imposed by the ICC were satisfied at the time the accident occurred. Nor is there evidence which would indicate whether the ICC, as a matter of procedure, ever issued a "certificate of insurance" or other document which evidenced the carrier's status as a self-insured motor carrier.

b. Washington Common Carrier Law. Common carriers operating in Washington are required to secure appropriate authority to operate from the ICC, and register it with the WUTC.2 RCW 81.80.371; WAC 480-12-126. The WUTC then issues a permit to the carrier. In granting permits, the WUTC requires evidence of liability and property damage insurance or the filing of security for such limits and upon such terms [197]*197and conditions as it deems necessaiy for public protection. RCW 81.80.190; WAC 480-12-350. All liability and property damage insurance policies must carry a" 'uniform motor carrier bodily injury and property damage liability endorsement' ". WAC 480-12-360. Evidence of insurance must be submitted to the WUTC either on a " 'uniform motor carrier bodily injury and property damage liability certificate of insurance,' (Form E). . ." or "a written binder issued by an insurance agent . . .". WAC 480-12-350. There is no provision in Washington regulations or statutes for self-insurance in lieu of an insurance policy issued by an insurance company authorized to issue insurance in this state.

c. Washington Department of Licensing. RCW 46.01.040 vests the Department of Licensing with all powers, functions, and duties with respect to motor vehicle financial responsibility. The Financial Responsibility Act, RCW 46.29

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Bluebook (online)
851 P.2d 1253, 70 Wash. App. 192, 1993 Wash. App. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-aetna-life-casualty-co-washctapp-1993.