Nakashima v. State Farm Mutual Automobile Insurance

2007 NMCA 027, 153 P.3d 664, 141 N.M. 239
CourtNew Mexico Court of Appeals
DecidedJanuary 18, 2007
Docket26,155
StatusPublished
Cited by16 cases

This text of 2007 NMCA 027 (Nakashima v. State Farm Mutual Automobile Insurance) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nakashima v. State Farm Mutual Automobile Insurance, 2007 NMCA 027, 153 P.3d 664, 141 N.M. 239 (N.M. Ct. App. 2007).

Opinion

OPINION

PICKARD, Judge.

{1} Plaintiff appeals from the district court’s grant of summary judgment in favor of Defendant on Plaintiffs breach of contract claim. Plaintiff represents a yet-uncertified class of automobile insurance policyholders who elected to pay their automobile insurance premiums in installments. Defendant is an automobile insurance company that entered into a contract with Plaintiff to provide insurance for her automobile. Plaintiff argues that the installment fees charged to those policyholders who pay their premiums in installments are considered part of the premium and therefore should be described as such in their insurance policies. Because the fees were not included in the stated premium, Plaintiff argues that Defendant breached its insurance contract with her and that she is entitled to damages. We hold that the installment fees in this case are not premium and therefore conclude that the district court did not err in granting summary judgment in favor of Defendant.

BACKGROUND

{2} The material facts of this case are undisputed. Over twenty years ago, Plaintiff entered into a contract for automobile insurance with Defendant. Plaintiffs policy provided her with continuous insurance coverage for a six-month period. Initially, Plaintiffs parents paid the premium in a lump sum amount and renewed the policy every six months.

{3} A few years later, Plaintiff took sole responsibility for paying her automobile insurance premiums. Plaintiff soon realized that she could not afford to pay her premium in a lump sum payment as her parents had done. Plaintiff contacted her insurance agent and asked whether she could pay her premium in installments. The insurance agent then sent a form to Plaintiff so that she could sign up for Defendant’s payment plan, which allowed her to pay her premium in monthly installments. The payment plan also included an installment charge, which has varied throughout the years, but is currently three dollars per month. Although not stated in the policy issued to Plaintiff, both the amount of the monthly premium and the installment fee were included in the form signed by Plaintiff when she agreed to the payment plan. Plaintiff then began paying her automobile insurance premiums in monthly installments and continued to do so for nearly twenty years.

{4} In 2004, Plaintiff filed suit against Defendant alleging breach of contract and seeking classwide relief. Plaintiff argued that the installment fees charged by Defendant were actually considered premium and therefore should have been included in the “total premium” stated on her policy. According to Plaintiff, Defendant’s failure to include such fees in the premium constituted a breach of contract. Upon both parties’ motions for summary judgment, the district court concluded that Defendant’s installment fees were not considered premium and granted Defendant’s motion for summary judgment. Plaintiff appeals.

STANDARD OF REVIEW

{5} We review a district court’s grant of summary judgment de novo. Self v. United Parcel Serv., Inc., 1998-NMSC-046, ¶ 6, 126 N.M. 396, 970 P.2d 582. “Summary judgment is appropriate where there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law.” Id. We will “view the facts in the light most favorable to the party opposing summary judgment, drawing all inferences in favor of that party.” Stieber v. Journal Publ’g Co., 120 N.M. 270, 271-72, 901 P.2d 201, 202-03 (Ct.App.1995). In this appeal, we are asked to construe the meaning of an insurance contract, as well as various statutory law provisions. These are both questions of law that we review de novo. See Cerrillos Gravel Prods., Inc. v. Bd. of County Comm’rs, 2004-NMCA-096, ¶ 4, 136 N.M. 247, 96 P.3d 1167, aff'd, 2005-NMSC-023, 138 N.M. 126, 117 P.3d 932; Nearburg v. Yates Petroleum Corp., 1997-NMCA-069, ¶ 7, 123 N.M. 526, 943 P.2d 560.

DISCUSSION

{6} In granting Defendant’s motion for summary judgment, the district court observed that this is a modal premium case “with a twist.” According to the district court, unlike other modal premium cases being litigated throughout the country, the installment fee in this ease was disclosed to Plaintiff, and both parties agreed that Plaintiff was aware of the fee. Despite this, Plaintiff argues that because the policy issued by Defendant did not include the installment fees in the “total premium” amount, Defendant has breached its contract with Plaintiff. According to Plaintiff, installment fees are premium and should have been included in the policy. We disagree and affirm the district court’s dismissal of Plaintiffs claims.

{7} We will begin this opinion with a discussion of Plaintiffs argument that the policy itself requires that installment fees be described as part of the premium. Second, we address Plaintiffs argument that state law mandates that installment fees be stated in the policy and, in doing so, will consider case law from other jurisdictions bearing on the question.

Defendant Not Liable for Breach of Contract Based on the Policy Language

{8} Plaintiff asserts that Defendant breached the insurance contract by charging her more than the “total premium” specified in her policy. The term “total premium” is not defined in the policy. Plaintiff argues that the common and ordinary meaning of the term “total premium” includes installment fees and that such fees must therefore be included in the premium stated on the policy. The district court concluded that Plaintiff expressly agreed to the installment fees by entering into a separate contract with Defendant to pay her premium in installments and further that the fees associated with paying in installments are not premium. We agree and conclude that Defendant is not liable for breach of contract based upon the language of the policy.

{9} Initially we observe that “[t]he insurance contract was agreed upon, and the premium set, before any installment arrangement was offered.” Sheldon v. Am. States Preferred Ins. Co., 123 Wash.App. 12, 95 P.3d 391, 393 n. 10 (2004). This suggests, as the district court concluded, that the payment plan agreement constituted a separate agreement between the parties. To the contrary, Plaintiff argues that because her insurance policy allows for policyholders to pay in installments, the later payment plan agreement signed by Plaintiff was only an administrative detail that confirmed an already existing right.

{10} Plaintiff agrees that the legal effect of the separate document allowing her to pay her premium in installments hinges on whether the insurance policy itself permits installment payments. Specifically, Plaintiff’s insurance policy provides that

[t]he policy period is shown under “Policy Period” on the declarations page and is for successive periods of six months each for which you pay the renewal premium. Payments must be made on or before the end of the current policy period. The policy period begins and ends at 12:01 A.M. Standard Time at the address shown on the declarations page.

Plaintiff argues that Defendant’s use of the word “payments” in the plural allows policyholders to pay on an installment basis.

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Bluebook (online)
2007 NMCA 027, 153 P.3d 664, 141 N.M. 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nakashima-v-state-farm-mutual-automobile-insurance-nmctapp-2007.