National Indemnity Co. v. National Union Fire Insurance

837 F. Supp. 117, 1993 U.S. Dist. LEXIS 15723, 1993 WL 460538
CourtDistrict Court, D. Maryland
DecidedSeptember 22, 1993
DocketCiv. A. No. HAR 92-3694
StatusPublished
Cited by1 cases

This text of 837 F. Supp. 117 (National Indemnity Co. v. National Union Fire Insurance) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Indemnity Co. v. National Union Fire Insurance, 837 F. Supp. 117, 1993 U.S. Dist. LEXIS 15723, 1993 WL 460538 (D. Md. 1993).

Opinion

MEMORANDUM OPINION

HARGROVE, District Judge.

On April 20, 1990, because one of its own trucks was being repaired, Choice TV Rental, Inc. (“Choice TV”) rented from Penske Truck Leasing Corporation (“Penske”) a [118]*1181980 GMC truck. Under the “Commercial Liability Policy” which it had purchased from National Indemnity Company (“NIC”), Choice TV was insured against liability arising out of its use of Penske’s truck. See NIC Policy No. AP273808, § 1(C)(3) (providing coverage for any “auto” not owned by Choice TV, and used with the permission of its owner as a temporary substitute for a covered “auto” out of service because of its breakdown, repair, servicing, “loss,” or destruction). Despite its coverage under the NIC policy, upon leasing the truck, Choice TV chose to purchase additional liability insurance from Penske. Specifically, Choice TV selected option “*1” under the “Liability Insurance” section of Penske’s rental agreement form, which states:

Lessor provides liability coverage for customer, ... in accordance with standard provisions of a Basic Automobile Liability Insurance Policy as required in the jurisdiction which the Vehicle is operated, against liability for bodily injury, including death, and property damage arising from use of Vehicle as permitted by the Agreement, with limits as follows: IF A TRUCK, $10,000 each person, $20,000 each accident for bodily injury, including death and $5,000 each accident for property damage or with limits of liability up to the requirements of the Financial Responsibility Law or other applicable statute of the state or municipality in which the accident occurred, whichever is greater.

Penske Rental Agreement, ¶ 7. In order to provide this option of liability coverage for its customers, Penske had purchased a “Motor Carriers Policy of Insurance” from National Union Fire Insurance Company (“NUFIC”).

On April 23, 1990, Michael Bullock, a Choice TV employee, while driving the truck leased from Penske, collided with and injured a Nathaniel Moore. As a result, Mr. Moore initiated a lawsuit in the District of Columbia’s Superior Court, C.A. 91-12929, and after binding arbitration, Choice TV was deemed liable to Mr. Moore in the amount of $91,663.38. The instant declaratory judgment action embodies NIC’s attempt to force NUFIC to share, on a pro rata basis, reimbursement of that amount of the arbitration award in excess of the $25,000 that NUFIC has already paid.1

Presently before the Court are cross-motions for summary judgment filed by NIC and NUFIC, respectively; additionally, Penske has submitted a motion for summary judgment, which, by in large, adopts NUF-IC’s position.2 The Court has reviewed the parties’ memoranda and exhibits attached thereto, and will resolve the motions without convening a hearing. Local Rule 105(6) (D.Md.1992). For the reasons articulated more fully herein, NIC alone must compensate Choice TV for that amount of the arbitration award against it which exceeds $25,-000.

Undisputed Facts

1. In consideration of premiums paid, NIC agreed to insure Choice TV against liability up to a limit of $500,000. NIC expressly provided that

[f]or any covered “auto” you own, this Coverage Form provides primary insurance: For any covered “auto” you don’t own, the insurance provided by this Coverage Form is excess over any other collectible insurance.

NIC Policy No. AP273808, § rV(B)(5)(a).

2. Because Choice TV had purchased “other collectible insurance” from Penske, [119]*119and because Choice TV did not own the truck which Mr. Bullock was driving at the time of the accident, NIC’s policy provides $500,000 of “excess” or “secondary” coverage.

3. Pursuant to the Rental Agreement between Penske and Choice TV, and as quoted above, Penske agreed to provide primary liability coverage to Choice TV. See Penske Rental Agreement, ¶ 7.

4. The accident between Mr. Bullock and Mr. Moore occurred in the District of Columbia. Under the District of Columbia’s “Financial Responsibility law,” Penske was required, at a minimum, to provide liability coverage of $25,000. D.C.Code for Third Party Personal Liability, Title 35, § 2106(c). Thus, under its contractual agreement with Choice TV, Penske limited its coverage to $25,000.3

5. In consideration of premiums paid, NUFIC agreed to insure Penske against liability up to a limit of one million dollars. NUFIC expressly stated that its coverage was “primary.”4 That portion of NUFIC’s insurance form addressing “excess” coverage was left blank.5

6. Under § 11(A)(1) of NUFIC’s policy, “WHO IS AN INSURED,” in addition to Penske, NUFIC insured “anyone else while using with [Penske’s] permission a covered ‘auto’ [that Penske] own[ed], hire[d], or borrowed]_” Endorsement 13 to the NUF-IC policy amended § II(A)(l)’s “permissive user” category:

LESSEES AS PRIMARY INSUREDS
It is agreed, that Section II — Liability Coverage, A.I., Who is Insured, provision of the policy is amended to include both lessees and rentees of covered autos as insureds, but only to the extent and for the limits of liability agreed to under contractual agreement with the named insured.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of this policy other than listed above.

NUFIC Policy No. RMBA 145-99-12, Endorsement 13, (emphasis added).

Discussion

Focusing its litigious energies on § 11(A)(1) of the insurance policy which NUFIC issued to Penske, NIC contends that Choice TV, as a “permissive user” of a Penske truck, is entitled to one million dollars of coverage. With respect to Endorsement 13 which, on its face, adds “lessees and rentees” to the list of insureds but simultaneously limits their coverage to the amount agreed to in the rental agreement, NIC argues that the endorsement merely

modifies the basic coverage of the policy, which provides $1 million in primary liability coverage for all permissive users of an owned vehicle, to indicate that lessees of vehicles from the named insured will receive ‘primary coverage under the policy only as agreed under the contractual agreement with Penske_ Endorsement 13 does not affect the policy limit available to a permissive user of an owned vehicle, but merely provides how the policy limit will be treated, with only a portion of that limit being treated as primary coverage. The remainder of that coverage up to $1 million dollars, under the policy issued by National Union, is excess for any permissive user/lessee of a vehicle provided by Penske.

Memorandum in Support of NIC’s Motion for Summary Judgment at 7-8 (emphasis in [120]*120original).6

NIC too cavalierly assumes that Choice TV, as Penske’s lessee, constituted a “permissive user” of Penske’s truck and therefore, qualified as an “insured” under § 11(A)(1) of the NUFIC policy. Reviewed without reference to Endorsement 13, § 11(A)(1) is, at best, ambiguous with respect to NUFIC’s coverage of Penske’s lessees.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
837 F. Supp. 117, 1993 U.S. Dist. LEXIS 15723, 1993 WL 460538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-indemnity-co-v-national-union-fire-insurance-mdd-1993.