National Indemnity Co. of Minnesota v. Ness

457 N.W.2d 755, 1990 Minn. App. LEXIS 663, 1990 WL 89659
CourtCourt of Appeals of Minnesota
DecidedJuly 3, 1990
DocketC6-90-313
StatusPublished
Cited by10 cases

This text of 457 N.W.2d 755 (National Indemnity Co. of Minnesota v. Ness) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Indemnity Co. of Minnesota v. Ness, 457 N.W.2d 755, 1990 Minn. App. LEXIS 663, 1990 WL 89659 (Mich. Ct. App. 1990).

Opinions

OPINION

HUSPENI, Judge.

Respondent National Indemnity Company of Minnesota commenced this declaratory judgment action in June of 1988. Appellant General Casualty Indemnity Company of Minnesota was allowed to intervene. Following a trial to the court, a declaratory judgment was entered determining that General Casualty provides coverage to respondent Terry Allan Ness and that National Indemnity does not. General Casualty has appealed. We affirm.

FACTS

Buckley Brothers Trucking, Inc. is a corporation engaged in hauling aggregate. Terry Ness was a good friend of the son of William Buckley, one of the principal shareholders of the corporation. Ness began working for Buckley Brothers in 1983. Initially, Ness drove a truck owned by Buckley Brothers and was paid 25 percent of the gross revenue generated by Ness’ driving.

In April of 1984, Ness purchased a 1977 International tractor, but continued to use Buckley trailers because he could not afford his own. When Ness was using his own tractor, he was paid 75 percent of gross revenues, rather than the 25 percent he had been paid before.

Ness performed routine maintenance on the tractor and paid for the costs of its operation and upkeep, including licensing. Buckley Brothers did not withhold social security or taxes from the money it paid to Ness. The parties characterized the arrangement as one in which Buckley found work and let Ness know about it.

Buckley Brothers told Ness he could not use its trailers unless Ness obtained “full coverage” on the tractor. Ness contacted Carl Mooney at the Krug Agency and told Mooney he had purchased a truck and needed full coverage insurance. Ness explained to Mooney the nature of the work he would be doing and asked Mooney the price for full coverage insurance. Ness later met with Mooney, gave Mooney a check and received an insurance binder dated April 1984.

National Indemnity issued a policy to Ness effective April 27, 1984 through April 27, 1985. Ness renewed the policy in 1985.

On December 14, 1985, Ness was driving his tractor and pulling a Buckley trailer. Ness had worked at a job site in Owatonna that day and was returning to the Buckley shop in Prior Lake. The trailer was empty. Ness failed to stop for a stop sign and struck a car being driven by Sandra Johnson. Sandra Johnson and her husband, Michael Johnson, brought suit against Ness and Buckley.

[757]*757National Indemnity, which insured the tractor, denied coverage, relying on a “bobtail” provision in its policy. Driving a tractor with no trailer attached is called “bob-tailing”. Pulling an empty trailer, as Ness was doing, is called “deadheading”. Bobtail coverage is effective only when no trailer is attached to the tractor.

National Indemnity commenced a declaratory judgment action to determine whether it was obligated to provide coverage to Ness for the December 14 accident. General Casualty, which insured the trailer, intervened in the declaratory judgment action. The matter came on for a court trial in November of 1989. Following a trial, the court concluded that National Indemnity does not provide coverage for the December 14 accident; that Ness was an insured on the General Casualty policy covering the trailer; and that the Johnsons’ damages resulted from the use of the trailer. General Casualty has appealed from the judgment.

ISSUES

1. Did the trial court err in finding no coverage for Ness under the National Indemnity policy?

2. Did the trial court err in determining that Sandra Johnson’s injuries resulted from the use of the Buckley trailer?

ANALYSIS

I.

General Casualty contends the trial court erred in failing to apply the doctrine of reasonable expectations and the rule that ambiguities in an insurance policy are to be construed against the drafter of the policy.

A. Reasonable Expectations

The doctrine of reasonable expectations was recognized by the Minnesota Supreme Court in Atwater Creamery Co. v. Western National Mutual Insurance Co., 366 N.W.2d 271 (Minn.1985). Under the doctrine,

The objectively reasonable expectations of applicants and intended beneficiaries regarding the terms of insurance contracts will be honored even though painstaking study of the policy provisions would have negated those expectations.

Id. at 277 (quoting Keeton, Insurance Law Rights At Variance With Policy Provisions, 83 Harvard L.Rev. 961, 967 (1970)). The Minnesota Supreme Court has gone on to say

The doctrine does not remove from the insured the responsibility to read the policy but at the same time does not hold the insured to an unreasonable level of understanding of the policy. Other factors to be considered are the presence of ambiguity, language which operates as a hidden exclusion, oral communications from the insurer explaining important but obscure conditions or exclusions, and whether the provisions in a contract are known by the public generally. In short, the doctrine asks whether the insured’s expectation of coverage is reasonable given all the facts and circumstances.

Hubred v. Control Data Corp., 442 N.W.2d 308, 311 (Minn.1989) (citations omitted). The doctrine is a recognition that there is an inequality in bargaining power between the insurer and the insured, that a typical lay person is not able to read and understand insurance policies and that people purchase insurance in reliance on others to provide a policy that meets their needs. Atwater Creamery, 366 N.W.2d at 277.

The doctrine of reasonable expectations has generally been limited to those cases in which the policy, while purporting to provide a specific coverage, so limited the coverage as to amount to a hidden exclusion. See Park v. Government Employees Insurance Co., 396 N.W.2d 900, 903 (Minn.App.1986), pet. for rev. denied (Minn. Feb. 13, 1987); Merseth v. State Farm Fire and Casualty Co., 390 N.W.2d 16, 18 (Minn.App.1986), pet. for rev. denied (Minn. Aug. 13, 1986). In Atwater, for example, the insured obtained burglary coverage. After a burglary occurred, the company denied coverage, relying on a policy provision which required “visible marks of physical damage to the exterior at the point of [758]*758entrance or to the interior at the point of exit.” Atwater, 366 N.W.2d at 274. In requiring coverage, the Atwater court noted that “no one purchasing something called burglary insurance would expect coverage to exclude skilled burglaries that leave no visible marks of forcible entry or exit”. Id. at 276.

In contrast to the policy in Atwater, the policy in the present case contains no hidden exclusions. Instead, the following bobtail endorsement # M-2870 was issued with both the original policy of April 27, 1984 and the renewal policy one year later:

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National Indemnity Co. of Minnesota v. Ness
457 N.W.2d 755 (Court of Appeals of Minnesota, 1990)

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Bluebook (online)
457 N.W.2d 755, 1990 Minn. App. LEXIS 663, 1990 WL 89659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-indemnity-co-of-minnesota-v-ness-minnctapp-1990.