MINN. FEDERAL SAV. v. Iowa Nat. Mut. Ins.

372 N.W.2d 763
CourtCourt of Appeals of Minnesota
DecidedAugust 13, 1985
DocketC6-85-71
StatusPublished

This text of 372 N.W.2d 763 (MINN. FEDERAL SAV. v. Iowa Nat. Mut. Ins.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MINN. FEDERAL SAV. v. Iowa Nat. Mut. Ins., 372 N.W.2d 763 (Mich. Ct. App. 1985).

Opinion

372 N.W.2d 763 (1985)

MINNESOTA FEDERAL SAVINGS AND LOAN ASSOCIATION, Respondent,
v.
IOWA NATIONAL MUTUAL INSURANCE COMPANY, Appellant.

No. C6-85-71.

Court of Appeals of Minnesota.

August 13, 1985.
Review Denied November 1, 1985.

*764 Douglas R. Archibald, Cosgrove & Hanson, Minneapolis, for respondent.

Thomas D. Jensen, Minneapolis, for appellant.

Heard, considered and decided by SEDGWICK, P.J., and WOZNIAK and RANDALL, JJ.

OPINION

WOZNIAK, Judge.

Iowa National Mutual Insurance Company (Iowa Mutual) appeals from a judgment entered in favor of Minnesota Federal Savings and Loan Association (Minnesota Federal). Iowa Mutual contends that the trial court erroneously determined (1) that the insurance policy in issue was ambiguous, (2) that Iowa Mutual breached the insurance contract, (3) that Iowa Mutual is estopped from denying Minnesota Federal's claim, and (4) that Minnesota Federal is entitled to damages of $60,800. We affirm as modified.

FACTS

In September 1980, John Edeburn financed a home by entering into a mortgage agreement with Minnesota Federal. Minnesota Federal and Edeburn also entered into an escrow agreement whereby Minnesota Federal agreed to pay Edeburn's homeowner's insurance premiums. Edeburn insured his property with Iowa Mutual. Minnesota Federal is named as the mortgagee in Edeburn's insurance policy with Iowa Mutual.

Iowa Mutual set up a "direct bill" policy and premium notices were supposed to be sent directly to Minnesota Federal as well as to Edeburn and the Nordstrom Insurance Agency (the agency through which Edeburn procured his policy). Minnesota Federal paid the first annual premium on September 26, 1980.

Edeburn's homeowner's insurance policy was due for renewal on September 26, 1981. It is undisputed that in August 1981, Edeburn received a "renewal premium notice" from Iowa Mutual which stated that the next premium was due on September 26, 1981. Likewise, it is undisputed that on October 1, 1981, Edeburn received an "expiration premium notice" which stated that the policy had expired on September 26, 1981, but receipt of the total premium due by October 11, 1981, would continue coverage from September 26, 1981.

After receiving this second notice, Edeburn contacted the Nordstrom Insurance Agency. It is undisputed that on October 1 the Nordstrom Insurance Agency contacted Minnesota Federal by telephone and notified it that the premium on Edeburn's policy was due by October 11, 1981. Minnesota Federal did nothing. The Nordstrom Insurance Agency mailed a copy of the "expiration premium notice" to Minnesota Federal that same day.

The particular date that Minnesota Federal received written notice of the premium due was disputed at trial. Following the trial, the jury determined that Minnesota Federal never received a "renewal premium notice," but it did receive on October 5, 1981 the copy of the "expiration premium *765 notice" which the Nordstrom Insurance Agency had mailed.

Upon receipt of this notice, Minnesota Federal did process the premium payment. It set up its computers to pay the premium on October 9, 1981, but, as a result of a computer error, Minnesota Federal did not mail the payment on October 9, 1981. The trial court determined that Minnesota Federal sent the premium payment on October 13, 1981, and that Iowa Mutual received it on October 16, 1981. The jury further found that Iowa Mutual did not accept Minnesota Federal's premium payment.

On October 19, 1981, Edeburn's home was destroyed by fire. Iowa Mutual denied Edeburn's claim under the policy. Edeburn filed suit both against Iowa Mutual for failing to satisfy his claim and against Minnesota Federal for failing to keep the insurance policy in effect in accordance with the escrow agreement. Minnesota Federal crossclaimed against Iowa Mutual for any amounts it might owe Edeburn.

The trial court granted summary judgment against Edeburn on the grounds that Edeburn had received all the required notices under the policy and that, as to Edeburn, the policy had lapsed. That summary judgment was never appealed.

Minnesota Federal subsequently settled Edeburn's claim against it and paid Edeburn $40,066 in cash, satisfied his outstanding mortgage of $16,934 and waived interest and property taxes in the amount of $3,800, for a total settlement of $60,800. Minnesota Federal then pursued its crossclaim against Iowa Mutual.

With respect to Minnesota Federal's claim against Iowa Mutual, the trial court concluded that (1) the insurance contract between Iowa Mutual and Minnesota Federal is ambiguous, (2) Iowa Mutual is estopped from declaring that the policy expired, and (3) Iowa Mutual breached its contract with Minnesota Federal. The trial court awarded Minnesota Federal $60,800 in damages.

Iowa Mutual made a motion for amended findings and conclusions. The trial court denied the motion, entered judgment against Iowa Mutual and Iowa Mutual appeals.

ISSUES

1. Did the trial court err in determining that Iowa Mutual's insurance contract with respondent is ambiguous?

2. Did the trial court err in determining damages?

ANALYSIS

I.

Initially, we note that the summary judgment against Edeburn determined that there was no policy coverage of Edeburn's interest in effect on the date of the fire. Even though the trial court found that Edeburn's interest was not protected under the policy, Minnesota Federal can still have a protected interest under that policy. The standard mortgage clause provided in Edeburn's insurance policy gives rise to an agreement between Iowa Mutual and Minnesota Federal which is separate and divisible from the agreement that Iowa Mutual had with Edeburn. See American National Bank and Trust Co. v. Young, 329 N.W.2d 805, 810 (Minn.1983) (quoting 5A J. Appleman, Insurance Law and Practice § 3401, at 282 (1970 & Supp.1981)). The only issue in this case is what kind of protection, if any, did the mortgage clause in Edeburn's policy provide to Minnesota Federal under the particular facts of this case.

Iowa Mutual contends that the trial court erroneously determined that its insurance contract with Minnesota Federal is ambiguous.

Whether an insurance policy is ambiguous is a question of law to be decided initially by the trial court. Columbia Heights Motors v. Allstate Insurance Co., 275 N.W.2d 32, 34 (Minn.1979). We must determine whether the trial court correctly found ambiguity in Iowa Mutual's insurance policy. See id. While the trial court *766 failed to explain its finding of ambiguity, we can discern from the record the considerations that were before it. If the language of the policy is reasonably subject to more than one interpretation, there is ambiguity. Id. Any ambiguity should be construed in favor of the insured and against the insurer. Western World Insurance Co. v. Hall, 353 N.W.2d 221, 223 (Minn.Ct. App.1984).

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Related

Western World Ins. Co., Inc. v. Hall
353 N.W.2d 221 (Court of Appeals of Minnesota, 1984)
American National Bank & Trust Co. v. Young
329 N.W.2d 805 (Supreme Court of Minnesota, 1983)
Columbia Heights Motors, Inc. v. Allstate Insurance Co.
275 N.W.2d 32 (Supreme Court of Minnesota, 1979)
Shannon v. Great American Insurance Co.
276 N.W.2d 77 (Supreme Court of Minnesota, 1979)
Eichten v. Klein
160 N.W.2d 33 (Supreme Court of Minnesota, 1968)
Phalen Park State Bank v. Reeves
251 N.W.2d 135 (Supreme Court of Minnesota, 1977)
Minnesota Federal Savings & Loan Ass'n v. Iowa National Mutual Insurance Co.
372 N.W.2d 763 (Court of Appeals of Minnesota, 1985)

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Bluebook (online)
372 N.W.2d 763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minn-federal-sav-v-iowa-nat-mut-ins-minnctapp-1985.