Murdock v. Monumental Life Insurance Co.

2000 UT App 146, 2 P.3d 963, 395 Utah Adv. Rep. 21, 2000 Utah App. LEXIS 48, 2000 WL 633477
CourtCourt of Appeals of Utah
DecidedMay 18, 2000
Docket981718-CA
StatusPublished
Cited by4 cases

This text of 2000 UT App 146 (Murdock v. Monumental Life Insurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murdock v. Monumental Life Insurance Co., 2000 UT App 146, 2 P.3d 963, 395 Utah Adv. Rep. 21, 2000 Utah App. LEXIS 48, 2000 WL 633477 (Utah Ct. App. 2000).

Opinion

OPINION

BILLINGS, Judge:

I 1 Marilyn Murdock (Plaintiff) appeals the trial court's grant of summary judgment in favor of defendant Monumental Life Insurance Company (Monumental). The trial court concluded as a matter of law that Monumental properly denied coverage because the death of the insured, Plaintiff's late husband Zachary Murdock (Murdock), was not an accident, and because the death was contributed to by commission of a felony. We affirm.

BACKGROUND

12 In April of 1996, Richard Moser was working as the manager of a movie theater in Sandy, Utah. At about 1:00 in the morning, he and his assistant manager went to deposit the night's receipts at a local bank. As Moser walked from his van to the night drop, Murdock and another man sprang from the bushes, pointed a gun at Moser, and threatened to shoot him if he did not surrender the money.

13 When Moser did not immediately respond, the men struck him repeatedly with a stun gun, tore his clothing, gouged his chest, and knocked him to the ground where they continued to kick him and hit him with the stun gun. The assailants then took the money and turned their attack to Moser's companion.

14 Following their attack, Murdock and his accomplice fled on foot. As they fied, Moser returned to his van and gave chase. Murdock attempted to escape through a parking lot and into a field littered with construction debris, while his accomplice ran to a gray pickup truck. Moser pursued both men but, despite his efforts, the accomplice reached the pickup and escaped with the money. Moser subsequently learned that his van had struck and killed Murdock as Mur-dock fled through the field. Moser maintains that he did not intend to run over Murdock.

15 At the time of the robbery, Murdock was covered by an accidental death insurance policy (Policy) issued by Monumental. The *965 Policy contained a clause excluding "loss which is caused by, results from, or contributed to by ... committing an assault or felony." Plaintiff, the named beneficiary on the deceased's insurance, filed a claim, which Monumental denied on grounds that Mur-dock's death was not accidental and was contributed to by commission of a felony. Plaintiff sued Monumental and Monumental filed a motion for summary judgment. The trial court granted summary judgment for Monumental, and Plaintiff now appeals.

ISSUES AND STANDARD OF REVIEW

16 At issue is whether Murdock's death was accidental and whether his death was contributed to by commission of an assault or felony. Summary judgment is appropriate only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Utah R. Civ. P. 56(c). We review a grant of summary judgment for correctness. See Carter v. Milford Valley Mem'l Hosp., 2000 Utah Ct.App. 021, ¶¶ 12, 388 Utah Adv. Rep. 18, 996 P.2d 1076. "If a trial court interprets a contract as a matter of law, as was the case here, we accord its construction no particular weight and review its actions under a correction-of-error standard." LDS Hosp. v. Capitol Life Ins. Co., 765 P.2d 857, 858 (Utah 1988).

ANALYSIS

Commission of a Felony

17 The Policy in the present case excludes from coverage "loss which is caused by, results from, or [is] contributed to by ... committing an assault or felony." 1 Plaintiff argues that there was no causal connection between her husband's crimes and his death because her husband was not actually engaged in a felony at the time he was killed but rather had withdrawn. We disagree.

T8 Plaintiff relies on LDS Hospital v. Capitol Life Insurance Co., 465 P.2d 857 (Utah 1988), in which an insured was injured and a third party was killed in an accident the insured caused while driving intoxicated. See id. at 858. The policy in that case excluded claims "arising out of an attempt at assault or felony," and the insurance company denied coverage on grounds that the third party's death rendered the accident a felony. Id.

T9 The supreme court held the exclusion inapplicable. See id. at 860. The court noted that the insured's injuries resulted from the accident he caused while driving intoxicated, which was not a felony, and not from the death of the third party, which did not occur until after the accident. See id. at 860. Accordingly, the felony-the third party's death-was merely "incidental" to the insured's injuries, and the insurer did not "establish[ ] the required causal relationship between the insured's injuries and a felony violation of law." Id.

{10 Relying on LDS Hospital, Plaintiff argues the insured "must have been actually engaged in a felony at the time and place of the injury." Id. (citing Penn Mut. Life Ins. Co. v. Gibson, 160 Colo. 462, 418 P.2d 50 (1966)). Plaintiff argues that her husband was not engaged in a felony at the time of his death because he had "withdrawn" from his attack, thereby breaking the causal connection between his crimes and his death. Even assuming that, under Utah law, withdrawal would break the required causal connection, and even if Murdock's flight could be construed as a withdrawal from the assault, it was not a withdrawal from the robbery but rather an effort to retain its fruits. The mere fact that Murdock managed to escape as far as the street before Moser was able to give chase did not interrupt the causal connection required to exclude coverage and thus did not take Murdock outside the scope of the exclusion clause.

{11 Additionally, the exclusions clause in the present case is broader than that in LDS Hospital. Although the "arising out of" lan *966 guage in the policy from LDS Hospital is broader than the "caused by" or "resulted from" language in the present Policy, the present Policy also exeludes coverage when death is "contributed to" by the commission of a felony. This language is broader than the exclusion language in LDS Hospital. 2

12 We acknowledge that a clause excluding loss "contributed to by" commission of a felony may not exclude a more remotely caused death, as if, for example, the insured had been killed by a fortuitous auto accident while driving home from the robbery. However, we hold that the loss inflicted by Mur-dock's victim during Murdock's immediate flight from a violent felony in order to preserve the fruits of that felony falls within the seope of the Policy clause excluding loss "contributed to by" commission of an assault or felony. 3

Accidental Death

113 We further conclude that the trial court did not err in ruling that Mur-docek's death was not accidental. The coverage clause of the policy states: "When we receive due proof that a Covered Person dies, we will pay the benefits shown on the Schedule of Benefits to his named Beneficiary; provided: (1) Death occurs as a direct result of an Injury." The Policy defines injury as "bodily injury caused by an accident."

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Bluebook (online)
2000 UT App 146, 2 P.3d 963, 395 Utah Adv. Rep. 21, 2000 Utah App. LEXIS 48, 2000 WL 633477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murdock-v-monumental-life-insurance-co-utahctapp-2000.