Monroe County v. International Insurance Co.

609 N.W.2d 522, 2000 Iowa Sup. LEXIS 70, 2000 WL 502624
CourtSupreme Court of Iowa
DecidedApril 26, 2000
Docket98-1145
StatusPublished
Cited by18 cases

This text of 609 N.W.2d 522 (Monroe County v. International Insurance Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Monroe County v. International Insurance Co., 609 N.W.2d 522, 2000 Iowa Sup. LEXIS 70, 2000 WL 502624 (iowa 2000).

Opinion

CARTER, Justice.

Monroe County, which suffered a substantial tort judgment against it in prior litigation, appeals from a grant of summary judgment in favor of International Insurance Company (International) and Mount Airy Insurance Company (Mount Airy) on the county’s claim that those insurers were bound to indemnify it against the claim on which the tort judgment was based. In denying coverage, International and Mount Airy relied on several exclusions in their respective “claims made” policies, some of which the district court found to be applicable. Because we conclude, as did the district court, that a prior litigation exclusion contained in both policies applies to defeat the coverage claimed by Monroe County, we affirm the judgment of the district court on that theory and do not consider the other defenses that have been advanced by the insurers.

A substantial tort judgment was entered against Monroe County in prior litigation *524 brought by Iowa Coal Mining Company, Star Coal Mining Company, and Jim Hu-yser. We affirmed much of that judgment in Iowa Coal Mining Co. v. Monroe County, 555 N.W.2d 418 (Iowa 1996) (Iowa Coal II). That litigation had been preceded by an earlier action that was before this court in Iowa Coal Mining Co. v. Monroe County, 494 N.W.2d 664 (Iowa 1993) (Iowa Coal I). The damage claim in Iowa Coal II was premised on the legal theory that the county had unlawfully and tortiously interfered with a contract that the plaintiffs had made for the landfilling of utility and industrial ash.

In seeking summary judgment on the claims for indemnification brought against them in this action, International and Mount Airy rely on an exclusionary clause contained in the liability policy the county purchased from these companies described as a prior litigation exclusion. It was the theory of the insurers that there was a sufficient relationship between the claims in Iowa Coal II and the claims in Iowa Coal I to trigger this exclusion under their “claims máde” policies. In granting summary judgment, the district court concluded that “there is little question that there is a nexus between the two lawsuits” and ruled that the exclusions precluded coverage. We must determine whether that ruling was correct based on the exclusionary language of the insurance policies and the circumstances of the prior litigation.

The liability insurance policies issued to Monroe County by International and Mount Airy are very similar. Both are public employees and officials liability insurance policies written on a “claims made” basis. The International policy covered claims first made during the period January 1, 1993, to January 1, 1994. The Mount Airy policy covered claims first made during the period January 1, 1994, to January 1, 1995. Both policies contained the following exclusion:

It is understood and agreed that the insurer shall not be responsible for making any payment for loss in connection with any claim made against any insured based upon, arising out of, in consequence of, or in any way involving:
(1) Amy prior and/or pending litigation as of 01/01/92 including but not limited to matters before local, state, or federal boards, commissions, or administrative agencies, or
(2) Any fact, circumstance, or situation underlying or alleged in such litigation or matter.

The Iowa Coal I litigation was filed on May 5, 1988, decided in the district court on June 19,1991, and decided on appeal on January 20, 1993. It thus was clearly pending on the exclusions’ operative date of January 1, 1992. In contrast, the Iowa Coal II litigation was not commenced until May 7, 1993, well after the operative date of the prior litigation exclusions.

Monroe County urges that the claim for which it seeks indemnification was first made when the Iowa Coal II petition was filed on May 7, 1993, while International’s policy was in force. In the alternative, it urges that the claim was first made on March 18, 1994, during Mount Airy’s policy period when the legal theory of tortious interference with a contract was first injected into the litigation. Although the two insurance companies disagree as to when the claim leading to the county’s liability in Iowa Coal II was first made, they urge that it does not matter because the recovery is based on facts underlying or alleged in Iowa Coal I thus precluding coverage under paragraph (2) of the prior litigation exclusion. We agree.

I. Interpretation of the Exclusions.

In discussing the role of a prior litigation exclusion in “claims made” liability insurance policies, one court has stated:

“Claims made” insurance policies, as opposed to occurrence-based policies, are intended by insurers to avoid the “hazard of an indefinite future: Once the policy period has expired, the book can be closed on everything except then- *525 pending claims.” On the other hand, an insurer incurs a risk with this kind of policy: liability for “a claim that has been brewing and was ripe to erupt before the policy period, but is asserted only after the policy period begins.” For this reason, claims made policies generally include a number of endorsements and exclusions intended to limit this front-end risk by cutting off liability for claims ready, but not yet made, at the start of the policy period.

Ameriwood Indus. Int’l Corp. v. American Cas. Co., 840 F.Supp. 1143, 1148-49 (W.D.Mich.1993) (citations omitted).

Construction of an insurance policy — the process of determining its legal effect — is a question of law for the court unless it depends on extrinsic evidence or a choice among more than one reasonable inference. A.Y. McDonald Indus., Inc. v. Insurance Co. of N. Am., 475 N.W.2d 607, 618 (Iowa 1991); Farm Bureau Mut. Ins. Co. v. Sandbulte, 302 N.W.2d 104, 107-08 (Iowa 1981). In the construction of insurance policies, the cardinal principle is that the intention of the parties must prevail. If the language of the policy is unambiguous, as the parties concede it is in the present case, that intent is determined by what the policy itself says. A.Y. McDonald, 475 N.W.2d at 618. When words in a policy are left undefined, we give them the meaning that a reasonable person would understand them to mean. Farm & City Ins. Co. v. Potter, 330 N.W.2d 263, 265 (Iowa 1983). In applying these principles, we believe that phrases like “in any way involving” and “any fact, circumstance, or situation underlying or alleged” must be applied in the same comprehensive manner as they are written.

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Bluebook (online)
609 N.W.2d 522, 2000 Iowa Sup. LEXIS 70, 2000 WL 502624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monroe-county-v-international-insurance-co-iowa-2000.