Paulson v. National Indemnity Company

498 P.2d 731, 1972 Alas. LEXIS 227
CourtAlaska Supreme Court
DecidedJune 23, 1972
DocketNo. 1462
StatusPublished
Cited by3 cases

This text of 498 P.2d 731 (Paulson v. National Indemnity Company) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paulson v. National Indemnity Company, 498 P.2d 731, 1972 Alas. LEXIS 227 (Ala. 1972).

Opinion

OPINION

RABINOWITZ, Justice.

The principal issue in this case is whether the Alaska Motor Vehicle Safety Responsibility Act1 requires that an “owner’s” policy, certified as proof of financial responsibility for the future, must cover all vehicles owned by the insured.

In October of 1966 Henry Dacy, while driving a 1960 GMC pickup truck, collided with a vehicle driven by appellant Carl Paulson. At the time this accident occurred, Dacy also owned a 1966 Chevrolet pickup truck. In the fall of 1965, Dacy, who then owned only the 1960 pickup, was convicted of driving while intoxicated. As a result of this conviction his driver’s license was suspended. In order to have his license reinstated, Dacy was required to comply with Alaska’s Motor Vehicle Safety Responsibility Act and furnish proof of financial responsibility for the future.2

in November 1965, before taking any steps to comply with the Motor Vehicle Safety Responsibility Act, Dacy purchased the 1966 Chevrolet pickup truck. Dacy obtained liability insurance on the new truck. Then, in January 1966, Dacy attempted to get his operator’s license back relying upon the liability insurance policy he had purchased covering his 1966 Chevrolet. On applying for return of his license, Dacy was informed that his liability insurance coverage was inadequate and was given an SR-22 form. This form contained notification from the Department of Public Safety to Dacy that proof of financial responsibility for the future could be complied with

[b]y instructing your insurance company to file with the Department of Public Safety a certificate of insurance covering all motor vehicles owned by you and covering you personally in the operation of any and all motor vehicles ....

Dacy then purchased, through Malasarte Insurance Company, a one-year liability insurance policy written by appellee National Indemnity Company. The policy refers to Dacy’s 1966 Chevrolet truck but makes no mention of the 1960 GMC pickup which Dacy then owned. Thereafter National filed a certificate of insurance with the Department of Public Safety and Dacy’s operator’s license was returned to him.

After the accident Paulson sued Dacy and his insurer National. In regard to his claim against National, Paulson asserted that National, by virtue of its having certified that the motor vehicle liability policy it issued to Dacy met the requirements of Alaska’s Motor Vehicle Safety Responsibility Act, waived any provisions of its policy which were inconsistent with the provisions of the act. Paulson further alleged in part that National committed a fraud on [733]*733the general public by enabling Dacy to regain his driver’s license and then refusing to provide the indemnification required of a policy certified under an SR-22 form. National, in its answer, contended that although Dacy did in fact own two vehicles at the time it issued its policy, it did not insure Dacy’s 1960 GMC pickup which was involved in the accident.3 In its answer, National alleged that the Safety Responsibility Act “specifically provides that a policy of insurance issued as proof of financial responsibility need not cover all vehicles owned by the insured.” 4

Dacy also cross-claimed against Mala-sarte Insurance Company and National. In his cross-claim, Dacy asserted that he went to Malasarte “to procure SR-22 liability automobile insurance pursuant to the Alaska Statute,” and that he “directed the agent to write an insurance policy which would cover him for liability regardless of what car he might be driving.” In its answer to Dacy’s cross-claim, National reiterated its position that the Safety Responsibility Act expressly recognizes that an insurance policy issued as proof of financial responsibility need not insure all of the vehicles owned by the insured. Malasarte, in its answer to the cross-complaint, denied Dacy’s factual allegations as to the coverage he requested.5

Thereafter National, Dacy, and Paulson moved for summary judgment. In its decision, the trial court concluded that the contract of insurance issued by National to Dacy “did not include coverage for the second vehicle which was left undeclared by . Dacy.” The trial court then entered a partial summary judgment in favor of National against Paulson on the main claim for relief and against Dacy on his cross-claim against National. The trial court denied Dacy’s motion for summary judgment on his cross-claim against Mala-sarte because of the existence of genuine issues as to material facts.6 Paulson appeals from the superior court’s judgment specifying as error the trial court’s grant of summary judgment to National and the trial court’s refusal to grant him summary judgment.

Paulson’s position on appeal is that National’s policy should be held to cover this accident. He argues that the legislature’s intent in enacting the Safety Responsibility Act was to afford monetary protection for the general public against damage caused by the questionable driver. Paulson argues that “the purpose of the act would be completely frustrated if the insurance company could escape liability merely because an admittedly risky driver happened to have driven a vehicle other than one covered by his policy.” If one looks solely to the declaration of purpose section of the Safety Responsibility Act, Paulson’s arguments appear persuasive. This section of the act declares

[t]he legislature is concerned over the rising toll of motor vehicle accidents and the suffering and loss inflicted by them. The legislature determines that it is a matter of grave concern that motorists be financially responsible for their negligent acts so that innocent victims of motor vehicle accidents may be recompensed for the injury and financial loss inflicted upon them. The legislature finds and declares that the public interest can best be served by the requirements that the operator of a motor vehicle involved in an accident respond for damages and show proof of financial [734]*734ability to respond for damages in future accidents as a prerequisite to his exercise of the privilege of operating a motor vehicle in the state.7

Unfortunately, despite this legislative declaration of grave concern and expressed intent that innocent victims of motor vehicle accidents be recompensed for injuries, the pertinent substantive sections of the Safety Responsibility Act fail to fulfill the promise contained in the declaration of purpose section of the act.

After providing for administration by the Department of Public Safety,8 the Safety Responsibility Act is thereafter primarily concerned with two subjects, namely, the requirement of a deposit of security9 and proof of financial responsibility for the future.10 It is this latter facet of the act with which we are concerned in this appeal. Under the act, proof of financial responsibility for the future11 is required of

persons who are convicted of or forfeit bail for certain offenses under motor vehicle laws or who, by ownership or operation of a vehicle of a type subject to registration under the motor vehicle laws of this state, are involved in an accident in this state which results in bodily injury or death of a person or damage to the property of any one person exceeding $200.12

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Bluebook (online)
498 P.2d 731, 1972 Alas. LEXIS 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paulson-v-national-indemnity-company-alaska-1972.