Motor Club of Iowa Insurance Co. v. Iowa Mutual Insurance Co.

508 N.W.2d 634, 1993 WL 482309
CourtSupreme Court of Iowa
DecidedDecember 7, 1993
Docket92-1966
StatusPublished
Cited by10 cases

This text of 508 N.W.2d 634 (Motor Club of Iowa Insurance Co. v. Iowa Mutual 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
Motor Club of Iowa Insurance Co. v. Iowa Mutual Insurance Co., 508 N.W.2d 634, 1993 WL 482309 (iowa 1993).

Opinion

McGIVERIN, Chief Justice.

Plaintiff Motor Club of Iowa Insurance Company (Motor Club) appeals from a declaratory judgment that ruled it was liable for the entire settlement amount of an under-insured motorist (UIM) claim of one of its additional insureds, Randy Luzum. We reverse and remand.

I. Background facts and proceedings. Randy Luzum suffered injuries while riding as a passenger in an underinsured motor vehicle that he did not own and that was not named or listed in any policy in which Randy had an interest. Because the proceeds from the insurance of the owner of the car in which he was riding failed to fulfill a substantial portion of his damages, Randy filed un-derinsured motorist claims against defendant Iowa Mutual Insurance Company (Iowa Mutual), with whom he held his personal automobile policy on which he was a named insured, and plaintiff Motor Club, with whom his father, Paul Luzum, held a family auto policy. Randy was a member of his father’s household.

Both the Iowa Mutual and Motor Club policies provided underinsured motorist coverage, and each had limits covering losses well over the $90,000 amount for which the' two companies settled Randy’s UIM claim. Each insurer contributed $45,000 to the settlement and reserved their right to have the court determine their respective ultimate responsibility for the settlement sum.

Plaintiff Motor Club and defendant Iowa Mutual then brought this declaratory judgment action under Iowa Code chapter 678 (1991) to determine the liability of the two insurers for the $90,000 settlement.

The dispute between the two insurers involved the proper interpretation of their policies with respect to this issue. The -policies both contained “other insurance” provisions, clauses with which an insurer attempts to determine the appropriate amount it must pay when the insured makes claims against it and other policies of other insurers covering the same loss.

Defendant Iowa Mutual’s “other insurance” provision was as follows:

OTHER INSURANCE
If there is other applicable similar insurance we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any insurance we provide for a vehicle you do not own shall be excess over any other collectible insurance.

(Emphasis added.)

Plaintiff Motor Club’s “other insurance” provision stated:

Other insurance. With respect to bodily injury to an insured while occupying an automobile not owned by the named insured the insurance hereunder shall apply only as excess insurance over any other similar insurance availably to such occupant, and this insurance shall then apply only in the amount by which the applicable limit of liability of this Part exceeds the sum of the applicable limits of liability of all such other insurance.
With respect to bodily injury to an insured while occupying or through being struck by an uninsured automobile, if such insured is a named insured under other similar insurance available to him, then the damages shall be deemed not to exceed the higher of the applicable limits of liability of this insurance and such other insurance, and the company shall not be liable under this Part for a greater proportion of the applicable limit of liability of this Part than such limit bears to the sum of the applicable limits of liability of this insurance and such other insurance.
Subject to the foregoing paragraphs, if the insured has other similar insurance available to him against a loss covered by *636 this Part, the company shall not be liable under this Part for a greater proportion of such loss than the applicable limit of liability hereunder bears to the total applicable limits of liability of all valid and collectible insurance against such loss.

In another clause, Motor Club’s policy stated that the term “uninsured automobile” in the above language applied to underinsured automobiles as well.

The district court concluded that Iowa Mutual’s “other insurance” clause applied to Randy’s loss as an “excess” clause, making Iowa Mutual liable to Randy only if the other insurance failed to satisfy his claim.

The court then noted that Motor Club’s “other insurance” provision contained an ambiguity with respect to Randy’s coverage. On the one hand, the policy appeared to afford Randy only “excess” coverage in an accident in which he suffered an injury in a car not owned by the insured. On the other hand, however, the policy provided “pro rata” coverage if an underinsured vehicle caused his injury. Therefore, because both the “excess” and “pro rata” clauses appeared to apply, the court held that it would construe the ambiguity against Motor Club and in favor of the in§ured, Randy. This would require that effect be given to the second paragraph of the “other insurance” provision, making Motor Club’s coverage pro rata as opposed to excess.

Reasoning that an “excess” clause provides coverage only to the extent that the “pro rata” clause of a competing policy fails to satisfy the claim, the district court held plaintiff Motor Club liable for the entirety of Randy’s $90,000 claim because that amount did not exceed its $300,000 UIM policy limit.

II. The Iowa Mtutual policy. Motor Club argues that the trial court erred in applying Iowa Mutual’s “other insurance” provision as an excess clause, claiming that the “excess” clause of Iowa Mutual’s policy is ambiguous. The trial court disagreed, concluding that because this case involved a vehicle that Randy Luzum did not own, Randy should receive proceeds under the Iowa Mutual policy only as excess to any other collectible insurance. We agree with the trial court.

Ambiguity exists in a policy only if the terms of the policy create a genuine uncertainty as to which one of two or more meanings is the proper one. A.Y. McDonald Indus., Inc. v. Insurance Co. N. Am., 475 N.W.2d 607, 618-19 (Iowa 1991). A mere disagreement on the part of the parties as to the meaning of the policy does not automatically establish an ambiguity. Id. at 619. In A.Y. McDonald, for instance, we addressed the ambiguities arising out of the term “damages” as contained in comprehensive general liability policies. Id.

We find no ambiguity in this provision of Iowa Mutual’s policy. The first sentence of Iowa Mutual’s “other insurance” provision generally gave pro rata coverage with respect to any other insurance the insured may collect. The second sentence specifically denies this pro rata coverage, however, in instances in which the insured is involved with a vehicle that the insured does not own. In those instances, Iowa Mutual will provide coverage only after the insured exhausts his recovery from any other collectible insurance. The second sentence clearly controls in this case. Because Randy’s claim involves a vehicle he does not own, Iowa Mutual will provide coverage for his UIM claim on an excess basis.

III. The Motor Club policy.

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Cite This Page — Counsel Stack

Bluebook (online)
508 N.W.2d 634, 1993 WL 482309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/motor-club-of-iowa-insurance-co-v-iowa-mutual-insurance-co-iowa-1993.