Porter v. Continental Casualty Co.

753 P.2d 178, 156 Ariz. 488, 1988 Ariz. App. LEXIS 9
CourtCourt of Appeals of Arizona
DecidedJanuary 14, 1988
Docket2 CA-CV 87-0281
StatusPublished
Cited by3 cases

This text of 753 P.2d 178 (Porter v. Continental Casualty Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Porter v. Continental Casualty Co., 753 P.2d 178, 156 Ariz. 488, 1988 Ariz. App. LEXIS 9 (Ark. Ct. App. 1988).

Opinion

OPINION

FERNANDEZ, Judge.

In his appeal from the granting of a summary judgment against him, appellant John F. Porter asks us either to grant partial summary judgment in his favor or to find that a clause in a group disability insurance policy issued by appellee Continental Casualty Company is ambiguous and should be construed against Continental. Although his complaint was for both breach of contract and bad faith, Porter has focused only on the breach of contract count on appeal, acknowledging that that cause of action must be resolved first. We find no error and affirm.

Porter was employed by Motorola, Inc., in October 1979. In March 1981, he suffered permanent brain damage in an automobile accident and has been unable to work since. Continental does not dispute the fact that Porter is totally disabled. Continental paid benefits to Porter for six months after the accident under its short-term disability coverage. It has paid no benefits to him under its long-term coverage, although it agrees that he is qualified for policy benefits.

The dispute in this case centers around the clause which governs the amount of benefits payable. The pertinent clause in the master policy reads as follows:

Any monthly indemnity payable hereunder shall be reduced by any amount paid or payable under the disability or retirement provision of the Social Security Act (including any payments for eligible dependents), any Workmen’s Compensation or any Occupational Disease Act or law, any state Compulsory disability benefit law and any disability, retirement or other income benefits provided by or through the employer except the profit sharing plan of the employer and the Motorola Officers Supplementary Retirement Benefits Plan. When the monthly Indemnity from all sources as provided in the preceding sentence, in combination with any amounts paid or payable under the Motorola Officers Supplementary Retirement Benefits Plan, exceeds 50% of salary, the amount which is in excess of said percent shall be deducted from the Monthly Indemnity payable to the Insured Employee.

Continental’s certificate of insurance, a copy of which was apparently given to each of its employees, summarizes the clause as follows:

Monthly indemnity payable shall be 50% of salary or $3,000.00, whichever is the lesser amount. Any monthly indemnity payable hereunder shall be reduced by any amounts paid or payable under the disability or retirement provisions of the Social Security Act (including any payments for eligible dependents), any Workmen’s Compensation or any Occupational Disease Act or Law, any State Compulsory Disability Benefit Law; and any disability, retirement or other income benefits provided by or through Motorola Inc. except the Profit Sharing Plan of Motorola Inc.

Finally, Motorola employees were issued booklets, prepared by Motorola, which summarized the clause as follows:

The amount of your monthly benefit depends on your salary when you became disabled, and whether you are receiving any other benefits for the disabil- ^ ity- ‘
^ ‘ Your Long-Term Disability benefit will be equal to 50% of your base salary — up to a maximum monthly benefit of $3,000 —minus any amounts paid or payable by Social Security (including dependent payments). (Emphasis in original.)

At the time Porter became disabled, his monthly salary was $1,222.00. His maximum disability benefit is thus $611.00. At the time the motion for summary judgment was heard, Porter was receiving monthly Social Security benefits of $431.50, and his *490 two children were receiving a total monthly benefit of $215.70. Porter and his wife were divorced in 1983. The two children live with his ex-wife. Since the total amount of Social Security benefits is $647.20, more than his maximum benefit of $611.00, Continental has denied payment of any benefits to Porter under its policy. It contends it will be liable to pay benefits to him only when his Social Security benefits fall below the $611.00 maximum policy benefit.

BREACH OF CONTRACT

Porter contends initially that he is entitled to summary judgment on his breach of contract action and an award of payments of $574.80 per month under the policy. He contends that the two sentences of the master policy quoted above, when read together, mean that only the amount by which his Social Security benefits exceed the maximum benefit of $611.00 is the amount that must be deducted from the benefit. Since the difference between those two figures is $36.20, Porter contends that only that amount must be subtracted from $611.00, leaving a payment of $574.80. We disagree.

When the two sentences are read together, it is clear that the first sentence sets out the benefits from other sources which serve to reduce the amount of the payment under the policy. In merely referring briefly to the preceding sentence, the second sentence thus incorporates the other sources without having to restate them at length. Its thrust, however, is aimed at those who are receiving benefits from such other sources in addition to benefits from the Motorola Supplementary Retirement Benefits Plan. Since Porter receives no benefits from that plan, the second sentence is not utilized to calculate the amount of his benefit.

We find no merit to Porter’s contention that, because the phrase “in combination with any amounts paid or payable under the Motorola Officers Supplementary Retirement Benefits Plan” is separated by commas, we must ignore the phrase as not being essential to the meaning of the sentence. In construing an insurance policy, we must read it as a whole and give reasonable effect to all its provisions. Barber v. Old Republic Life Insurance Co., 132 Ariz. 602, 647 P.2d 1200 (App.1982).

AMBIGUITY

Alternatively, Porter contends that the language of the policy is ambiguous, thus requiring that it be construed in his favor.

He contends first that neither the certificate of insurance nor the booklet which Motorola gave its employees accurately sets forth the contents of the language in the master policy, contrary to the requirements of Sparks v. Republic National Life Insurance Co., 132 Ariz. 529, 647 P.2d 1127, cert. denied, 459 U.S. 1070, 103 S.Ct. 490, 74 L.Ed.2d 632 (1982). We disagree. The certificate of insurance clearly indicates that the amount of the benefit will be reduced by any amounts paid under the disability provisions of the Social Security Act. Likewise, the booklet indicates that the benefit will be calculated by subtracting any amounts paid by Social Security. The limitation of Continental’s liability is thus clearly conveyed to the insured.

Porter next complains because Continental not only subtracted the $431.50 monthly benefit he receives from Social Security but also the $215.70 monthly benefit which his two children receive. He contends that since the booklet states that the amount of his benefit depends on “whether you are receiving any other benefits for the disability” (emphasis added), only the amount paid to him can be deducted.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Van Meter v. Smith
14 S.W.3d 569 (Court of Appeals of Kentucky, 2000)
Continental Casualty Co. v. Hunt
1996 OK 33 (Supreme Court of Oklahoma, 1996)
Decker v. Combined Insurance Co. of America
505 N.W.2d 719 (Nebraska Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
753 P.2d 178, 156 Ariz. 488, 1988 Ariz. App. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/porter-v-continental-casualty-co-arizctapp-1988.