Morris v. Royal Globe Insurance

338 S.E.2d 642, 230 Va. 498, 1986 Va. LEXIS 152
CourtSupreme Court of Virginia
DecidedJanuary 17, 1986
DocketRecord No. 821494
StatusPublished
Cited by1 cases

This text of 338 S.E.2d 642 (Morris v. Royal Globe Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morris v. Royal Globe Insurance, 338 S.E.2d 642, 230 Va. 498, 1986 Va. LEXIS 152 (Va. 1986).

Opinion

RUSSELL, J.,

delivered the opinion of the Court.

This is an action in tort for negligence arising out of an insurance agent’s alleged failure to provide requested insurance coverage. At a bench trial, after all plaintiffs evidence on the issue of liability had been submitted, the court entered final judgment for the defendants. The plaintiffs appeal raises the question of sufficiency of the evidence.

In 1975, Glenn Morris, a retired army officer operating a farm in Brunswick County, purchased a new combine for $29,518.00. The combine was covered by fire insurance provided by the company which financed the purchase. In 1977, Morris decided to obtain insurance on his other mobile farm equipment and consulted E. W. Johnson, who was President and General Manager of Southco Corporation, an independent insurance agency trading as Southside Insurers. Southco wrote insurance for various companies, including Royal Globe Insurance Company.

Johnson suggested a “mobile agricultural equipment floater policy” which would cover equipment up to the policy amount without listing the specific items covered. In order to determine the total value of the items to be covered, Morris made a handwritten list of his major items of equipment with their estimated values, arriving at a total of $21,500. Because Morris owned some additional small items, the parties agreed on a total of $22,500. The combine, still covered under the finance company’s policy, was omitted.

Southco obtained a policy from Royal Globe and mailed it to Morris. It covered unscheduled “mobile agricultural machinery [500]*500and equipment” up to $22,500. It contained a specific exclusion which read: “This policy does not insure: ...(g) Cotton pickers and harvester-thresher combines.” Later in 1977, Morris requested an increase in the policy amount because “[he] had made some additional purchases” and because of “this inflationary spiral.” The policy was increased to $28,500.

In 1978, Morris paid the original debt financing the combine, which terminated the finance company’s insurance coverage. He testified that he telephoned Johnson on June 8, 1978, and told him that he desired an increase of $10,000 in his Royal Globe policy to cover the value of the combine, and that Johnson assured him that it would be covered, effective immediately. Johnson denied this version. Morris subsequently received from Southco an endorsement increasing the Royal Globe policy amount to $38,500. The policy did not list the combine specifically and continued the exclusion for unlisted “harvester-thresher combines.” Morris testified that he had never read the policy or any of the endorsements, but relied ¿ntirely on Johnson’s assurances.

In 1981, the combine was completely destroyed by fire. Morris reported the loss to Johnson, who checked the policy and advised Morris that there was no coverage for the combine. Morris filed a formal proof of loss, but Royal Globe denied coverage.

Morris brought this action against Johnson and Royal Globe, alleging that Johnson was an agent of Royal Globe acting within the scope of his authority and that he had negligently failed to provide the insurance Morris had ordered. Later, Southco was added as an additional defendant. The motion for judgment did not plead any cause of action based on breach of contract.

At trial, Morris testified, then called Johnson and another Southco employee, Maxey Peebles, as adverse witnesses, and rested. The defendants moved to strike the evidence. The court inquired whether all evidence on the issue of liability had been submitted. Upon being assured that it had, the court entered final judgment for the defendants. The court stated: “Mr. Morris, I feel that you failed to prove your case .... I just don’t feel you’ve proven any negligence. Simply that.”

Morris assigned error to the court’s deciding an issue based upon conflicting evidence at the close of the plaintiff’s case on a motion to strike. On appeal, however, he conceded that the court committed no error in ruling at that stage because all evidence bearing on liability was then before the court. Our inquiry, there[501]*501fore, is whether there was evidence to support the court’s ruling, from the same perspective as if it had been made at the close of all the evidence.

The crucial issue is whether Morris’ version of his telephone conversation with Johnson on June 8, 1978, was unrefuted.

A trier of fact must determine the weight of the testimony and the credibility of witnesses, but may not arbitrarily disregard uncontradicted evidence of unimpeached witnesses which is not inherently incredible and not inconsistent with facts in the record, even though such witnesses are interested in the outcome of the case.

Cheatham v. Gregory, 227 Va. 1, 4-5, 313 S.E.2d 368, 370 (1984) (citations omitted). Morris contends that his evidence concerning the June 8, 1978 conversation was uncontradicted by any other evidence and was neither inherently incredible nor inconsistent with any facts in the record. He says that the testimony of the only other witnesses, Johnson and Peebles, was entirely negative, casting no light upon the issue either way. He argues that their testimony was merely to the effect that they did not recall the conversation and, thus, did not contradict his version.

Morris testified as follows:

Q. Now, what did you do on June 8, 1978?
A. I called Mr. Johnson and told him I wanted to increase my coverage by $10,000.00.
Q. Do you recognize Mr. Johnson’s voice when you hear it on the telephone?
A. Yes.
Q. Are you certain that it was Mr. Johnson that you spoke to that day?
A. Absolutely.
Q. Would you please tell the Judge what the substance of your conversation on —- in June of ‘78 was with Mr. Johnson?
A. Well, it was a very, very brief conversation. I told him I wanted to increase it by $10,000.00. And he said, well, you have, you know, pretty good coverage. Why do you want to increase it?
[502]*502I said because I want to cover my combine. It’s worth more than $28,000.00.
Q. Are you certain that you told Mr. Johnson that the purpose of the increase was to cover your combine?
A. Yes, sir.
Q. And what did Mr. Johnson tell you?
A. He said, well, you are covered effective immediately.

Morris testified that he had no recollection of discussing the matter with anyone other than Johnson. Johnson, called as an adverse witness, testified:

Q. Sir, do you have any specific recollection of any conversation that took place, if any, between you and Mr. Morris with respect to that $10,000.00 increase?
A. I have no recollection. I am confident that there was no conversation between Mr. Morris and myself regarding the $10,000.00 increase.
Q. There’s a difference, sir. You have no recollection or you are stating as a positive fact that you never spoke to Mr. Morris?
A.

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Bluebook (online)
338 S.E.2d 642, 230 Va. 498, 1986 Va. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-royal-globe-insurance-va-1986.