Nygaard v. State Farm Insurance Co.

591 N.W.2d 738, 1999 Minn. App. LEXIS 407, 1999 WL 233336
CourtCourt of Appeals of Minnesota
DecidedApril 20, 1999
DocketC8-98-1772
StatusPublished
Cited by3 cases

This text of 591 N.W.2d 738 (Nygaard v. State Farm Insurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nygaard v. State Farm Insurance Co., 591 N.W.2d 738, 1999 Minn. App. LEXIS 407, 1999 WL 233336 (Mich. Ct. App. 1999).

Opinions

OPINION

G. BARRY ANDERSON, Judge.

Appellant challenges the district court’s grant of summary judgment in favor of respondents. We hold that respondent-insurer’s insurance policy excludes third-party coverage for an intentional collision and we affirm.

FACTS

On the afternoon of February 27, 1995, appellant’s daughter committed suicide by driving her automobile into an 18-wheel tractor-trailer driven by respondent-driver, Lonnie Odegard. Prior to the collision, the decedent had left behind suicide notes addressed to her parents and best friend. As a result of the collision, Odegard was pushed into a ditch. Soon after, Odegard developed shoul[740]*740der problems, which required surgery and caused him to lose time at work. At the time of the filing of this action, Odegard had received approximately $28,000 in workers’ compensation benefits.

The original plaintiff in this case, the workers’ compensation insurer providing Ode-gard’s benefits, commenced an action against decedent’s insurer, respondent State Farm Insurance Company. Plaintiff-insurer sought declaratory relief, asking the district court to compel State Farm to provide coverage to the decedent’s estate. The current appellant, Eileen Nygaard, mother and personal representative of the decedent, later joined the suit to compel State Farm to provide insurance coverage for the collision.

On summary judgment, State Farm opposed appellant’s motion for declaratory relief because of an “accident” provision in decedent’s State Farm policy. In the amended complaint and brief to this court, appellant conceded the deceased’s suicidal intent, explaining that the deceased “picked [Odegard’s] truck to drive into, in order to commit suicide. She achieved her objective, and was killed by the collision.” The “Liability” section of the policy provided that:

We will:

1. pay damages which an insured becomes legally liable to pay because of:
a. bodily injury to others, and
b. damage to or destruction of property including loss of its use,
caused by accident resulting from the ownership, maintenance or use of your car;
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State Farm maintained that appellant should be denied coverage because the decedent’s act of suicide was not an accident. The district court granted State Farm’s motion for summary judgment without a memo or explanation.

Appellant challenges the district court’s order and judgment, contending that State Farm must provide coverage to decedent’s estate, which would allow the workers’ compensation insurer to pursue liability indemnification from respondent-insurer.

ISSUE

Does the deceased’s suicide qualify as an “accident” for the purpose of motor-vehicle third-party liability coverage?

ANALYSIS

On appeal from summary judgment, a reviewing court must determine whether the district court erred in its application of the law and whether there are any genuine issues of material fact. State by Cooper v. French, 460 N.W.2d 2, 4 (Minn.1990). On established facts, “[ijnsurance coverage issues are questions of law for the court.” State Farm Ins. Cos. v. Seefeld, 481 N.W.2d 62, 64 (Minn.1992) (citation omitted). Yet, a reviewing court views “the evidence in the light most favorable to the party against whom judgment was granted.” Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn.1993).

The current issue presents a case of first impression for this court. The supreme court has explained that issues of insurance coverage and exclusions are fact and situation dependent. See, e.g., Classified Ins. Corp. v. Vodinelich, 368 N.W.2d 921, 923 (Minn.1985). While this case features unique facts, Minnesota appellate courts have ruled on comparable questions, and, as a result, this court is not without precedent.

The result here rests on the interpretation and application of respondent’s insurance policy issued to the decedent. “An insurance policy provision is to be interpreted according to both its plain, ordinary meaning and what a reasonable person in the position of the insured would have understood it to mean.” Retail Systems, Inc. v. CNA Ins. Cos., 469 N.W.2d 735, 737 (Minn.App.1991) (citing Farmers Home Mut. Ins. Co. v. Lill, 332 N.W.2d 635, 637 (Minn.1983)), review denied (Minn. Aug. 2, 1991). Unambiguous language in an insurance policy must be accorded its plain and ordinary meaning. SCSC Corp. v. Allied Mut. Ins. Co., 536 N.W.2d 305, 311 (Minn.1995). Finally, a court “must not create an ambiguity where none exists in order to afford coverage to the insured.” Progressive Cas. Ins. Co. v. Metcalf, 501 N.W.2d 690, 692 (Minn.App.1993) (citation omitted).

[741]*741The decedent’s policy is unambiguous. The policy provides coverage for an “accident.” The supreme court has defined “accident” to have a generally understood meaning: “an accident is simply a happening that is unexpected and unintended.” McIntosh v. State Farm Mut. Auto. Ins. Co., 488 N.W.2d 476, 478 (Minn.1992) (citing Weis v. State Farm Mut. Auto. Ins. Co., 242 Minn. 141, 144, 64 N.W.2d 366, 368 (1954) (“an unexpected happening without intention or design”)). If the collision in this case were unexpected or unintended, then coverage exists, and if not, then coverage is barred. See id. (interpreting accident coverage to imply an “intentional act” exclusion).

Appellant argues that Odegard’s perspective is controlling, .and, because the collision was “unexpected” from that perspective, coverage should exist. But such a conclusion overlooks the rulings of the supreme court in Lobeck v. State Farm Mut. Auto. Ins. Co., 582 N.W.2d 246 (Minn.1998), and McIntosh.

Lobeck discussed an exclusion’s validity, distinguishing between first- and third-party benefits in light of the Minnesota No-Fault Act. The Lobeck court explained that the no-fault act “ ‘leaves unaltered the basic framework of the law of [third-party] liability insurance’” despite its requirement of first-party benefits. Id. at 250 (quoting Hilden v. Iowa Nat. Mut. Ins. Co., 365 N.W.2d 765, 769 (Minn.1985).

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Nygaard v. State Farm Insurance Co.
591 N.W.2d 738 (Court of Appeals of Minnesota, 1999)

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591 N.W.2d 738, 1999 Minn. App. LEXIS 407, 1999 WL 233336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nygaard-v-state-farm-insurance-co-minnctapp-1999.