National Insurance Underwriters v. Lexington Flying Club, Inc.

603 S.W.2d 490, 1979 Ky. App. LEXIS 537
CourtCourt of Appeals of Kentucky
DecidedNovember 9, 1979
StatusPublished
Cited by32 cases

This text of 603 S.W.2d 490 (National Insurance Underwriters v. Lexington Flying Club, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Insurance Underwriters v. Lexington Flying Club, Inc., 603 S.W.2d 490, 1979 Ky. App. LEXIS 537 (Ky. Ct. App. 1979).

Opinions

MARTIN, Chief Judge.

The trial court held that National Insurance Underwriters and National Aviation Underwriters owed a defense under its policy of insurance to the action by the Estate of Steven T. Hardin versus The Lexington Flying Club. From this judgment both parties have appealed.

On December 1, 1973, William T. Hardin, Barbara J. Hardin, and Steven T. Hardin were killed in an airplane crash near Jamestown, Tennessee. At the time of the crash, William T. Hardin was piloting the plane owned by the Flying Club. Mr. Hardin was an individual member of the Flying Club and along with his wife, Barbara J. Hardin, and son, Steven T. Hardin, resided and maintained their household in Lexington, Fayette County, Kentucky.

At the time of the crash and sometime prior thereto, National Insurance Underwriters and National Aviation Underwriters had issued to the Flying Club an insurance policy and agreement to pay all sums which the insured should become legally obligated to pay. >-

Subsequent to the crash, an action was instituted by the estates of the deceased persons against several defendants seeking damages for the alleged wrongful deaths. The Flying Club and some individual officers and members of the Flying Club were named as defendants, allegedly as a result of their negligence and carelessness in maintaining and caring for the airplane in question.

Because of the dispute arising between the parties hereto, appellants sought a declaratory judgment pursuant to Chapter 418 of the Kentucky Revised Statutes that there was neither coverage available nor a defense due the Flying Club or its individu[492]*492al members under the provisions of the aforementioned insurance contract.

The trial court’s decision was based upon its construction of the following exclusionary language contained in the policy: “[T]his policy does not apply to . death of any person who is a named insured or who is a member of the named insured’s household.” Notwithstanding that the language of the exclusion at issue here plainly excludes from coverage “. . . death of any person who is a named insured,” and Mrs. B. J. Hardin was a named insured (defined in the policy as “any member . and the spouse of such individual if a resident of the individual member’s household”), Flying Club contends that the Company owes it a defense.

The Flying Club’s position is based upon the arguments that (i) the policy and exclusions drafted fail to reflect the intent of the Flying Club, (ii) that certain policy bases underlying the so-called “severability clause” apply so as to modify the exclusion, and, in a similar vein, that (iii) where the term “a named insured” is used in the exclusions, it is applied as meaning only the insured against whom the suit is brought.

The Flying Club’s contention regarding its intention in purchasing the contract of insurance is based upon certain by-laws and minutes of a meeting of the Flying Club. However, the sections cited by the Flying Club show only that it intended to purchase public liability insurance and that it was concerned about the increase in premiums that seemed sure to follow the increase in coverage sought. Those records are devoid of any evidence that the Club intended to purchase intra-member accident insurance; indeed, had such coverage been sought, its attendant expense and novelty would have merited some mention. As there was no such mention of an intention to provide, in addition to coverage against liability claims by non-member airplane passengers, coverage for the claim contemplated by the Flying Club, we must assume that its intention was to purchase what it received.

Next, Flying Club argues that the policies underlying the severability clause would negate the plain language of the exclusion. The severability clause in Flying Club’s policy provides that

“[T]he insurance afforded under Policy Part 1 applies separately to each insured against whom claim is made or suit is brought, but the inclusion herein of more than one insured shall not operate to increase the limits of the Company’s liability.”

This argument must fail in light of Liberty Mutual Insurance Co. v. State Farm Mutual Automobile Insurance Co., Ky., 522 S.W.2d 184 (1975). There it was held that: “The purpose of this clause is to guarantee the same protection to all persons named as insureds and not to take exclusions out of the policy.” The purpose of severability clauses is to spread protection, to the limits of coverage, among all of the named insureds. The purpose is not to negate bargained-for exclusions which are plainly worded. See American National Bank and Trust Co. v. Hartford Accident & Indemnity Co., 442 F.2d 995 (6th Cir., 1971), which held that unambiguous and clearly drafted exclusions which are not unreasonable or against public policy are enforceable.

Flying Club’s third argument which defines “the named insured” is also without merit. The authority upon which this argument is based discusses only omnibus clauses, conditions, and exclusions in general. While the logic of the argument may be persuasive in a case where the exclusion presented does not exist, the exclusion does exist in the present case. We cannot ignore the existence of the exclusion so that we may adopt a more general rule regarding the construction of insurance policies. As for the cases cited by Flying Club on this issue, they are distinguishable on the same basis.

Finally, we note that Flying Club admitted both in its answer and in its trial brief that “[Ejxclusion C prohibits coverage for B. J. Hardin.” To this extent the matters raised on cross-appeal should not have been contested before this Court. See [493]*493Bennett v. Rice, 209 Ky. 714, 273 S.W. 479 (1925). However, because these arguments also bear on the appeal of the Company, we have considered them.

The appeal of the Company presents a more complex question. The policy exclusion which is at issue here provides that coverage is unavailable to one who is “. . . a member of the named Insured’s household.” The trial court noted that the article “the” made the clause susceptible to two meanings, as he stated that “[T]he question becomes whether the exclusion was intended to apply to the death of a member of the household of any named insured within the policy definition, or only a member of the household of a particular named insured.” Thus, the clause was held to be ambiguous and judicial construction was indicated.

In construing the exclusion, the trial court looked to the purpose of the household exclusion which is to 'protect the insurer from collusive lawsuits. Because there were no ties of kinship between Steven and Flying Club, there seemed little possibility of a collusive suit between Flying Club and the Estate of Steven T. Hardin. Further, since ambiguities are to be construed strictly against the insurer, the court held that the exclusion should only apply “to a claim for the death of any person who is a member of the household of a named insured who is claiming coverage under the policy.” Thus, it was held as a matter of law that the Company owed the Flying Club a defense, and a summary judgment was entered to that effect.

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

Related

Liberty Mut. Ins. Co. v. Estate
377 F. Supp. 3d 723 (W.D. Kentucky, 2019)
Tower Insurance Co. of New York v. Horn
472 S.W.3d 172 (Kentucky Supreme Court, 2015)
Great West Casualty Co. v. National Casualty Co.
53 F. Supp. 3d 1154 (D. North Dakota, 2014)
Michelle Postell v. American Family Mutual Insurance Co.
823 N.W.2d 35 (Supreme Court of Iowa, 2012)
Holzknecht v. Kentucky Farm Bureau Mutual Insurance Co.
320 S.W.3d 115 (Court of Appeals of Kentucky, 2010)
Minkler v. Safeco Insurance Co. of America
232 P.3d 612 (California Supreme Court, 2010)
Safeco Insurance Co. of America v. White
2009 Ohio 3718 (Ohio Supreme Court, 2009)
J. G. v. Wangard
2008 WI 99 (Wisconsin Supreme Court, 2008)
Estate of Clem v. Western Heritage Insurance
195 F. App'x 328 (Sixth Circuit, 2006)
ARGENT EX REL. VINCENT v. Brady
901 A.2d 419 (New Jersey Superior Court App Division, 2006)
BP America, Inc. v. State Auto Property & Casualty Insurance Co.
2005 OK 65 (Supreme Court of Oklahoma, 2005)
K.M.R. Ex Rel. Ray v. Foremost Insurance Group
171 S.W.3d 751 (Court of Appeals of Kentucky, 2005)
American Family Mutual Insurance Co. v. Corrigan
697 N.W.2d 108 (Supreme Court of Iowa, 2005)
Hercules Inc. v. OneBeacon America Insurance
852 A.2d 33 (Superior Court of Delaware, 2004)
Mutual of Enumclaw Ins. Co. v. Cross
10 P.3d 440 (Court of Appeals of Washington, 2000)
Mutual of Enumclaw Insurance v. Cross
10 P.3d 440 (Court of Appeals of Washington, 2000)
Caroff v. Farmers Insurance
261 P.3d 159 (Court of Appeals of Washington, 1999)
Caroff v. Farmers Ins. Co. of Wash.
261 P.3d 159 (Court of Appeals of Washington, 1999)
Transport Insurance Co. v. Ford
886 S.W.2d 901 (Court of Appeals of Kentucky, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
603 S.W.2d 490, 1979 Ky. App. LEXIS 537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-insurance-underwriters-v-lexington-flying-club-inc-kyctapp-1979.