National Merit Insurance v. Yost

3 P.3d 203, 101 Wash. App. 236
CourtCourt of Appeals of Washington
DecidedJune 9, 2000
DocketNo. 24762-3-II
StatusPublished
Cited by6 cases

This text of 3 P.3d 203 (National Merit Insurance v. Yost) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Merit Insurance v. Yost, 3 P.3d 203, 101 Wash. App. 236 (Wash. Ct. App. 2000).

Opinion

Seinfeld, J.

Esther Yost appeals from an order granting National Merit Insurance Company’s motion for summary judgment. Yost argues that the trial court erred in relying on an antiexternal stacking clause in her underinsured motorist (UIM) policy to deny her any recovery. Because the clause was neither ambiguous nor in violation of Washing[238]*238ton’s UIM statute, and because its plain language indicated an intent to exclude coverage above any coverage provided by another applicable insurance policy, we affirm.

FACTS

While Yost was riding as a passenger in a car driven by Sonja Bateman, another car collided with it. Yost was injured as a result. The driver of the other car was responsible for the accident but did not have liability insurance. Bateman, however, carried a policy with the National General Insurance Company that provided UIM coverage in the amount of $100,000. Because Yost qualified as an insured under that policy, National General paid her the $100,000 policy limit.

Thereafter, Yost made a claim to her own insurance company, National Merit Insurance Company, for the $50,000 policy limit for UIM coverage. National Merit rejected Yost’s claim based on an “anti-external stacking” clause contained in the insurance contract. This clause, also referred to as the “other insurance” clause, reads as follows:

If there is other applicable similar insurance we will pay only our share. Our share is the proportion that our limit of liability bears to the total of all applicable limits. If this policy and any other policy providing similar insurance apply to the same accident, the maximum limit of liability under all the policies shall be the highest applicable limit of liability under any one policy. However, any insurance we provide with respect to a vehicle you do not own shall be excess over any other collectible insurance. Excess means the other limits must be paid before this coverage is available.

Clerk’s Papers at 21.

National Merit filed a complaint for declaratory judgment and, subsequently, moved for summary judgment. The court granted National Merit’s motion.

Yost appeals, arguing that the trial court erred in granting summary judgment because (1) the antiexternal stacking clause is ambiguous and, thus, the court should con[239]*239strue it in her favor to allow coverage; (2) the language of the clause violates the express language of the UIM statute and, therefore, is unenforceable; and (3) the language of the clause, as interpreted by the average person, contemplates coverage supplemental to any other applicable insurance.

A. Ambiguity

The interpretation of insurance policy language is a question of law; thus, we review the summary judgment determination de novo. Mid-Century Ins. Co. v. Henault, 128 Wn.2d 207, 212, 905 P.2d 379, 59 A.L.R.5th 789 (1995).

In construing insurance contracts, our principal function is to determine the parties’ intent by examining the contract as a whole. Mid-Century, 128 Wn.2d at 213. We must give the policy a fair, reasonable, and sensible construction, not a “ ‘strained or forced construction’ ” that would lead to absurd results. Mid-Century, 128 Wn.2d at 213 (quoting E-Z Loader Boat Trailers, Inc. v. Travelers Indent. Co., 106 Wn.2d 901, 907, 726 P.2d 439 (1986)).

We apply the following rules of construction to aid in determining the parties’ intent: (1) we construe exclusionary clauses strictly against the insurer; and (2) we enforce clear policy language as written and do not create an ambiguity where none exists. Mid-Century, 128 Wn.2d at 213. “An ambiguity exists only ‘if the language on its face is fairly susceptible to two different but reasonable interpretations.’” Kish v. Insurance Co. of N. Am., 125 Wn.2d 164, 171, 883 P.2d 308 (1994) (quoting Washington Pub. Util. Dists.’ Utils. Sys. v. PUD 1, 112 Wn.2d 1, 11, 771 P.2d 701 (1989)).

The language of the clause at issue here is not susceptible to two such interpretations. Yost asserts that the language of the clause can be read as saying either (1) the insured’s total recovery limit under all applicable policies is equal to the highest limit of liability under any one policy,1 or (2) the [240]*240insured is entitled to recover up to that highest limit from each policy.2 The second interpretation is strained, however, and would lead to an absurd result.

Under the second interpretation, an insured could collect under every applicable insurance policy. The clause, then, would not serve as an additional limit on liability; it would merely limit National Merit’s liability to the amount stated in the policy. In other words, this interpretation renders the clause redundant and meaningless within the context of the entire policy.

The first interpretation recognizes the intent of the clause as an antiexternal stacking limitation on an insurer’s liability where there is another insurer who is also liable for coverage. The second interpretation renders the clause meaningless and is unreasonable. Therefore, no ambiguity exists and, consequently, we must enforce the clear language of the policy as written.

We further note that the court in Federated American Insurance Co. v. Erickson, 67 Wn. App. 670, 838 P.2d 693 (1992), which analyzed a clause identical to that at issue here, found no ambiguity. That court held as follows:

The third sentence of the “other insurance” clause in Ms. Erickson’s underinsured motorist endorsement is unambiguous in limiting the underinsured motorist coverage to the highest applicable policy amount. The fourth sentence provides Ms. Erickson’s policy will only make up the difference between the recoverable amount under the primary policy and the highest applicable policy amount when only nonowned vehicle coverage is involved.

Federated Am., 67 Wn. App. at 673-74. Thus, the trial court did not err in reading the clause as denying coverage.

[241]*241B. Compliance With Statute

The Washington Supreme Court has established a two-part test for examining the validity of UIM exclusionary clauses: Does the proposed exclusion conflict with the express language of the UIM statute? If not, is the exclusion contrary to the UIM statute’s declared public policy? Greengo v. Public Employees Mut. Ins. Co., 135 Wn.2d 799, 806, 959 P.2d 657 (1998) (citing Bohme v. PEMCO Mut. Ins. Co., 127 Wn.2d 409, 412, 899 P.2d 787 (1995)). The court will approve an exclusionary clause only if it can answer both inquiries in the negative. Greengo,

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Bluebook (online)
3 P.3d 203, 101 Wash. App. 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-merit-insurance-v-yost-washctapp-2000.