North Pacific Insurance v. Stucky

986 F. Supp. 2d 1207, 2013 WL 6330888, 2013 U.S. Dist. LEXIS 171796
CourtDistrict Court, D. Montana
DecidedDecember 5, 2013
DocketNo. CV 12-15-H-DLC
StatusPublished

This text of 986 F. Supp. 2d 1207 (North Pacific Insurance v. Stucky) is published on Counsel Stack Legal Research, covering District Court, D. Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
North Pacific Insurance v. Stucky, 986 F. Supp. 2d 1207, 2013 WL 6330888, 2013 U.S. Dist. LEXIS 171796 (D. Mont. 2013).

Opinion

ORDER

DANA L. CHRISTENSEN, Chief Judge.

Before the Court is Plaintiff North Pacific Insurance Company’s (“North Pacific”) motion for summary judgment on Defendants’ Affirmative Defenses as stated in paragraphs 6 and 7 of the Affirmative Defenses section of Defendants’ Second Amended Answer and Counterclaim. Plaintiff contends that whether or not the vehicle driven by Mr. Stucky at the time of his collision with an underinsured motorist is a “temporary substitute for a covered ‘auto’ ” is irrelevant to the question of whether or not there is coverage under North Pacific’s underinsured motorist (“UIM”) coverage. For the reasons explained below, the Court will grant the motion.

Factual and Procedural Background

Defendant Calvin Stucky was a named insured under a commercial auto insurance policy issued by Plaintiff North Pacific that was in effect from October 24, 2008 to October 24, 2009 (“the Policy”). (Doc. 81-1 at 5). The Policy provided UIM coverage. Id at 41.

On about February 20, 2009, Calvin Stucky took his primary ranch vehicle, a red Chevy truck, to Rick’s Towing in Deer Lodge, Montana for repairs. (Doc. 22 at 7.) The record does not clearly establish whether or not this red Chevy truck was insured under the Policy. Calvin Stucky’s red Chevy truck remained in the shop for repairs throughout the summer of 2009. Id

On about May 27, 2009, Calvin Stucky purchased a 1980 Ford truck. Id Stucky purchased the 1980 Ford truck “to fill a need that was previously met by the red truck.” (Doc. 55-2 at 8-9.) Defendants claim Calvin Stucky told North Pacific’s agent, Pat Greany, to add the 1980 Ford truck to the Policy. North Pacific disputes this claim. On August 12, 2009, while driving the 1980 Ford truck, Calvin Stucky was involved in a head-on collision with a vehicle driven by Seth Schmautz (Doc. 22 at 8.) Calvin suffered severe, traumatic brain injury. Id His damages allegedly exceed the policy limits of Mr. Schmautz’s State Farm policy. Id at 9.

Calvin made a claim for UIM benefits under the Policy for his injuries and damages caused by the August 12, 2009 motor vehicle accident. (Doc. 1 at 6.) North Pacific then filed this action seeking a declaratory judgment that there is no coverage for Calvin Stucky’s claim for UIM benefits. Id Defendants filed a Second Amended Answer and Counterclaim on September 13, 2012, in which Calvin Stucky’s wife and daughters were added, and asserting, among other claims, that they too were entitled to UIM benefits.

In its Second Amended Answer, Defendants raised several affirmative defenses. In paragraphs 6 and 7 of Defendants’ affirmative defenses, Defendants asserted that the 1980 Ford truck that Calvin Stucky was driving at the time of the accident was a “temporary replacement vehicle” for the [1209]*1209red Chevy truck that was being repaired. (Doc. 22 at 5.)

In its motion for summary judgment, North Pacific asserts that whether or not the 1980 Ford truck is a temporary substitute vehicle is irrelevant to a determination of whether North Pacific must provide UIM benefits to Defendants. Defendants contend that the policy is ambiguous with regard to whether a Named Insured is entitled to UIM benefits if the Named Insured is in a temporary substitute vehicle at the time damages are incurred by an underinsured motorist, and that this ambiguity must be construed in favor of coverage.

Summary Judgment Standard

Summary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R.Civ. P. 56(a). The movant bears the initial burden of informing the Court of the basis for its motion and identifying those portions of “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (internal quotation marks omitted). The movant’s burden is satisfied when the documentary evidence produced by the parties permits only one conclusion. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Where the moving party has met its initial burden, the party opposing the motion “may not rest upon the mere allegations or denials of his pleading, but ... must set forth specific facts showing that there is a genuine issue for trial.” Id. at 248, 106 S.Ct. 2505 (internal quotation marks omitted).

The elements of each claim determine which facts are material. Id. Only disputes over facts that might affect the outcome of the suit under the governing law properly preclude entry of summary judgment. T.W. Elec. Serv. Inc. v. Pac. Elec. Contractors Assn., 809 F.2d 626, 630 (9th Cir.1987). “Disputes over irrelevant or unnecessary facts will not preclude a grant of summary judgment.” Id.

Applicable Law

The law of Montana applies in this diversity jurisdiction case. Erie R.R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). In Montana, the interpretation of an insurance contract is a question of law. Marie Deonier & Assoc. v. Paul Revere Life Ins. Co., 301 Mont. 347, 9 P.3d 622, 630 (2000). The language of an insurance policy governs if it is clear and explicit. Id. Ambiguities are construed in favor of the insured and against the insurer. Id. Exclusions from coverage are narrowly and strictly construed “because they are contrary to the fundamental protective purpose of an insurance policy.” Id. An ambiguity exists when an insurance contract taken as a whole is reasonably subject to two different interpretations. Jacobsen v. Farmers Union Mut. Ins. Co., 320 Mont. 375, 87 P.3d 995, 997-98 (2004) (overruled on other grounds).

Analysis

The Policy provides a broad grant of UIM coverage:

We will pay all sums the “insured” is legally entitled to recover as compensatory damages from the owner or driver of an “underinsured motor vehicle”. The damages must result from “bodily injury” sustained by the “insured” caused by an “accident”. The owner’s or driver’s liability for these damages must result from the ownership, mainte[1210]*1210nance, or use of the “underinsured motor vehicle”.

(Doc. 48-1 at 41.) Thus, so long as all other requirements are met, a person meeting the definition of an “insured” is entitled to UIM benefits under the Policy whether or not the damages were incurred while the insured was in a covered auto, a temporary substitute auto, a friend’s auto, a relative’s auto, or no auto at all.

The Policy goes on to define who is an “insured” for purposes of UIM coverage. It provides, in pertinent part, the following:

If the Named Insured is designated in the Declarations as:
1. An individual, then the following are “insureds”:
a.

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Related

Erie Railroad v. Tompkins
304 U.S. 64 (Supreme Court, 1938)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Marie Deonier & Associates v. Paul Revere Life Insurance
2000 MT 238 (Montana Supreme Court, 2000)
Jacobsen v. Farmers Union Mutual Insurance
2004 MT 72 (Montana Supreme Court, 2004)
State Farm Mutual Automobile Insurance v. Allstate Insurance
9 Cal. App. 3d 508 (California Court of Appeal, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
986 F. Supp. 2d 1207, 2013 WL 6330888, 2013 U.S. Dist. LEXIS 171796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-pacific-insurance-v-stucky-mtd-2013.