O'Donnell v. Commerce Insurance

1987 Mass. App. Div. 33, 1987 Mass. App. Div. LEXIS 12

This text of 1987 Mass. App. Div. 33 (O'Donnell v. Commerce Insurance) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Donnell v. Commerce Insurance, 1987 Mass. App. Div. 33, 1987 Mass. App. Div. LEXIS 12 (Mass. Ct. App. 1987).

Opinion

Doyle, P.J.

This is an action in contract in which the plaintiff-insured seeks compensation pursuant to a standard auto insurance policy issued by the defendant for the theft and fire loss of his motor vehicle.

Judgment was entered for the plaintiff in the sum of $10,500.00.

The essence of the defendant’s appeal is a charge of error in the trial court’s construction of the “stated amount” coverage provisions of the insurance policy at issue.

The reported evidence indicates that in 1982, the plaintiff purchased a 1968 Chevrolet Corvette for the sum of $4,450.00. The plaintiff initially purchased from Byam Bros. & Mahoney Insurance Agency, Inc. (“Byam”) a standard auto insurance policy issued by the defendant. This policy included comprehensive coverage for any loss due, inter alia, to theft or vandalism with “actual cash value (“ACV”) ” limits.

In June, 1984, the plaintiff received a letter from Byam which suggested that existing “book value” coverage on the Corvette could prove inadequate in the event of a total loss, and which recommended that the plaintiff increase the coverage to “stated amount” value. The plaintiff obtained an appraisal of the vehicle and purchased “stated amount” collision and comprehensive coverage in the amount of $10,500.00 for an additional annual premium of $443.00.1 The “stated amount” coverage became effective on July 10, 1984 upon the defendant’s issuance of an amended “Coverage Selections Page.” The previous ACV limits on the collision and comprehensive coverage on such page were deleted, and an asterisk was inserted to direct the policyholder’s attention to the endorsement section of the page. The endorsement section was completed as follows:

" * STATED AMT. (1) — $10,500 MPY-0027-S”

The code letters and numbers "MPY-0027-S” refer to a separate, standard form "Stated Amount Coverage" endorsement sheet apparently utilized by the defendant to limit its liability. A blank copy of such standard form was introduced at trial. The form states:

The Coverage provided under Collision, Limited Collision and Comprehensive (Parts 7 and 9) applies to the auto shown below. If that auto is damaged or stolen three amounts must be determined.

[34]*34They are:

a. The actual cash value of the auto at the time of loss.
b. The amount necessary to repair or replace the auto.
c. The amount shown below.

We will pay only the lowest of these three amounts less the deductible shown below.

Auto. Amount Deductible

$ $

The trial justice found that no such document was ever prepared with reference to the plaintiffs stated value policy or ever became part of the plaintiffs policy. The Coverage Selections Page in fact expressly states that such Page “and any attached endorsements (emphasis supplied)” constitute the insured’s policy. No MPY-0027-S standard stated amount endorsement form was ever attached to the plaintiffs policy.

On October 6, 1984, the plaintiffs car was stolen and later found totally burned. Expert testimony adduced at trial estimated the actual cash value of the Corvette at the time of loss to be $4,000.00.

The trial court found, in relevant part, that:

“the defendant is bound by the amended contract of insurance negotiated bytheByam Bros.’agent and that... it is obligated to pay plaintiff the full amount of the stated value of the policy; that is, $10,500.00.”

The defendant now claims to be aggrieved by the trial court’s denial of the following requested rulings:

1. The evidence requires a finding that the ‘stated amount coverage’ endorsement of the plaintiffs insurance policy states that, in the event of a covered loss, the defendant would pay the lesser of either the stated amount, the actual cash value at the time of the loss, or the cost to repair or replace the auto.
2: The evidence requires a finding that if the plaintiffs vehicle sustained a loss covered under his insurance policy, if the vehicle had an actual cash value of less than the ‘stated amount,’ then the plaintiff is not entitled to recover the ‘stated amount. '

There was no error in the trial court’s denial of defendant’s requested rulings numbers 1 and 2. These requests were improperly premised on assumed facts neither found by the trial j ustice nor warranted by the reported evidence; namely, that the payment provisions of endorsement form MPY-0027-S were incorporated into the automobile insurance policy purchased by the plaintiff and that such endorsement afforded the defendant the option of compensating the plaintiff at a rate less than the stated amount value of the vehicle in question. Neither familiar canons of contract construction nor considerations of elementary fairness permit, much less require, the specious contentions advanced by the defendant in its refusal to honor its contractual commitment.

It is axiomatic that an insurer is strictly bound, and its obligations to indemnify are precisely dictated, by the express terms of the contract executed with the insured. Kosior v. The Continental Ins. Co., 299 Mass. 601, 603-604 (1938); Rosenfeld v. Boston Mut. Life Ins., 222 Mass. 284, 287 (1915). The extent of the compensation to be paid for a loss cognizable under the policy is obviously governed by the coverage section. Said section is to be strictly construed so as not to diminish the protection purchased by the insured. MacArthur v. Massachusetts Hospital Serv. Inc., 343 Mass. 670, 673 (1962). Interpreting the words used in the policy herein in accordance with [35]*35their usual and ordinary meaning, see, generally, Joseph E. Bennett Co. v. Fireman’s Fund, Ins. Co., 344 Mass. 99, 103 (1962); Rezendes v. Prudential Ins. Co., 285 Mass. 505, 511 (1934), it is evident that the plaintiff purchased automobile collision and comprehensive insurance with a stated amount coverage of $10,500.00. This construction not only comports with the language used, but is also preferable to the defendant’s proposed construction as it effectuates the uncontested intent and purpose of the parties to increase coverage beyond book or actual cash value. See, generally, King v. The Prudentual Ins. Co. of America, 359 Mass. 46, 50 (1971); Massachusetts Turnpike Auth. v. Perini Corp., 349 Mass. 448, 452 (1965); Marshall’s Inc. v. Federal Ins. Co., 11 Mass. App. Ct. 853, 855 (1981).

The defendant contends that the inclusion of the code numbers “MPY-0028S” in the endorsement section of the Coverage Selection Page clearly establishes the incorporation of the provisions of that^standard form into the plaintiffs policy. The endorsement section does state that it includes “ [¡Identification Numbers of Endorsements Forming a Part of this Policy.” It is undeniable that effect must be given to every provision of a contract and that a construction which reduces language to mere surplusage is to be avoided. Sherman v. The Employers’ Liab. Assur. Corp., Ltd., 343 Mass. 354, 357 (1961); Wrobel v. General Accident Fire & Life Assur. Corp., 288 Mass. 206, 209 (1934).

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Bluebook (online)
1987 Mass. App. Div. 33, 1987 Mass. App. Div. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odonnell-v-commerce-insurance-massdistctapp-1987.