Novak v. State Farm Mutual Automobile Insurance Co.

293 N.W.2d 452, 1980 S.D. LEXIS 321
CourtSouth Dakota Supreme Court
DecidedJune 18, 1980
Docket12771
StatusPublished
Cited by25 cases

This text of 293 N.W.2d 452 (Novak v. State Farm Mutual Automobile Insurance Co.) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Novak v. State Farm Mutual Automobile Insurance Co., 293 N.W.2d 452, 1980 S.D. LEXIS 321 (S.D. 1980).

Opinions

DUNN, Justice.

Plaintiff (appellant) appeals the judgment entered below after a court trial on stipulated facts. The judgment dismissed plaintiff’s claim against defendant (appel-lee) insurance company. We reverse.

The plaintiff is the natural mother of Sally Jo Schulte, who was killed in an automobile accident July 28, 1972, just east of Watertown, South Dakota. The car in which Sally Jo Schulte was a passenger at the time of her death was driven by Lloyd Kretsinger, the decedent’s cousin, and the son of the defendant’s insured, Harriet Kretsinger. Lloyd Kretsinger was also killed in the accident. The mothers of the children were each appointed special admin-istratrix of the estates of their respective children for the purpose of bringing and defending an action to determine the liability of Lloyd Kretsinger’s estate for the death of Sally Jo Schulte.

The car in which the decedents were riding was insured by the defendant under its automobile policy # 0639 138-D14-41B, which provided comprehensive coverage for the Kretsinger vehicle involved. At the time of Sally Jo Schulte’s death, she and her cousin, Lloyd Kretsinger were enroute to Watertown where Sally Jo Schulte had applied for and been accepted in a hair styling course at the Lake Area Vocational/Technical School. Specifically, the purpose of the journey was to confer with school officials and make further arrangements to attend school in late August.

At the time of the accident, Sally Jo Schulte had been staying in the Kretsinger home at Elkton, South Dakota, for approximately two months prior to July 28th. Before arriving in Elkton, Sally Jo Schulte had been a resident of the State Training School in Plankinton for some period of time.

Subsequent to her appointment as special administratrix of the estate of Sally Jo Schulte, the plaintiff instituted suit against the estate of Lloyd Kretsinger in the circuit court of Brookings County to recover damages incurred as a result of the accident. The defendant was given notice of the plaintiff’s claim in that matter, but consistently denied coverage and refused to defend the action. On November 8, 1977, the plaintiff recovered an uncontested judgment against the estate of Lloyd Kretsinger in the sum of $26,813.00. On December 12, 1977, an execution in the amount of the judgment against the estate of Lloyd Kret-singer was returned unsatisfied by the sheriff of Brookings County.

This action was then commenced pursuant to SDCL 58-23-1. Defendant denied the plaintiff’s claim based upon exclusions in its policy providing no coverage for certain defined insureds under the policy or for members of the family of the principal insured residing in the same household as the principal insured. The plaintiff contends that Sally Jo Schulte was not excluded from the coverage by either provision, or, in the alternative, that the cited exclusions are violative of the public policy of this jurisdiction as it is legislatively expressed in the statutory financial responsibility law found at SDCL 32-25.

The trial court in its memorandum decision denied the plaintiff’s claim on each of the alternative bases and dismissed the complaint. This appeal follows.

Appellant contends that the household exclusion in her insurance policy violates [454]*454SDCL 32-35, our financial responsibility laws. We disagree. The purpose behind this law is to protect against financially irresponsible persons from using our highways. We see nothing inconsistent between SDCL 32-35 and the household exclusion clause.

This is an issue of first impression in this state, although the issue has arisen in many other jurisdictions. The clear majority rule, as evidenced by annotations found at 8 A.L.R.3d 388 and 46 A.L.R.3d 1024, is that household exclusion policies do not violate financial responsibility laws similar to ours. We choose to follow the majority rule, which holds that this type of exclusion does not contravene the statute unless the policy has been certified as proof of financial responsibility under SDCL 32-35.

In South Dakota, a person is not required to have liability insurance to obtain a driver’s license or to operate a motor vehicle. It is only when the provisions of SDCL 32-35 operate to require proof of future financial responsibility that the provisions of SDCL 32-35-70 come into effect. This latter section requires that proof of future financial responsibility (a certified insurance policy being one method of such proof) must be made as to damages imposed by law in the future. It is clear that “damages imposed by law” would include damages suffered by members of defendant’s household, but the instant insurance policy was not issued to establish proof of financial responsibility, and thus need not provide coverage for all damages “imposed by law.” The only means by which an insurance policy may serve as proof of responsibility is when it has been officially certified pursuant to SDCL 32-35-65. This policy was not certified and thus need not satisfy, because it was not intended to satisfy, the financial responsibility laws of SDCL 32-35.

Under SDCL 32-35-43, proof of financial responsibility is required (1) when there exists an outstanding judgment upon a cause of action arising from ownership, maintenance, or use of vehicles subject to registration, and (2) when a person has been convicted of or forfeited bail for certain motor vehicle offenses. It is clear neither of these conditions were present when this policy was issued. Hence, the mandatory requirements of SDCL 32-35-70, which would eliminate the policy defense of household exclusion, did not come into effect. Simply, this policy was voluntarily purchased and was not intended to serve as proof of future financial responsibility. This is the majority approach, and is fully elucidated in Lewis v. Mid-Century Insurance Company, 152 Mont. 328, 449 P.2d 679 (1968).

We are well aware of the rule that an insurance policy will be construed, if reasonably possible, so as to furnish protection. Giokaris v. Kincaid, 331 S.W.2d 633 (Mo.1960). It is also an accepted principle, however, that where language is unequivocal and not ambiguous, it will be given its plain meaning. State v. Trimble, 306 Mo. 295, 267 S.W. 876 (1924).

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Novak v. State Farm Mutual Automobile Insurance Co.
293 N.W.2d 452 (South Dakota Supreme Court, 1980)

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Bluebook (online)
293 N.W.2d 452, 1980 S.D. LEXIS 321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/novak-v-state-farm-mutual-automobile-insurance-co-sd-1980.