Quinn Kyrkos v. State Farm Mutual Automobile Insurance

852 P.2d 1078, 121 Wash. 2d 669, 1993 Wash. LEXIS 130
CourtWashington Supreme Court
DecidedJune 10, 1993
Docket58785-0
StatusPublished
Cited by37 cases

This text of 852 P.2d 1078 (Quinn Kyrkos v. State Farm Mutual Automobile Insurance) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quinn Kyrkos v. State Farm Mutual Automobile Insurance, 852 P.2d 1078, 121 Wash. 2d 669, 1993 Wash. LEXIS 130 (Wash. 1993).

Opinions

Brachtenbach, J.

This case concerns the validity of two exclusions in a State Farm Mutual Automobile Insurance Company's automobile insurance policy which would deny "underinsured" motorist coverage, in part, to its insureds, the plaintiffs Deborah C. Quinn Kyrkos and Kyriakos C. Kyrkos. The exclusions deny, to the extent of the financial responsibility law limits, underinsured motorist (UIM) coverage if a vehicle is owned or operated by a self-insured or is owned by any government, its political subdivisions or agencies.

Underinsured motorist coverage includes by statutory definition both uninsured and underinsured motorists. The UIM statute defines an underinsured motor vehicle. If no INSURANCE POLICY or LIABILITY BOND applies to the vehicle, it is underinsured. RCW 48.22.030(1).

State Farm's policy substantially modifies the statutory definition. By two exclusions, the policy says that even if there is no liability insurance policy or bond, there is no UIM coverage, to the extent of financial responsibility limits, if the vehicle is (1) owned or operated by a self-insurer, or (2) is owned by a government, its political subdivisions or agencies.

The relevant facts are stipulated. Plaintiff wife was injured in a collision between her car and a truck owned by the City of Seattle and driven by an employee acting within the scope and course of his employment.

There is no liability policy or bond which applies to the city vehicle. Under the State Farm policy, described hereafter, there was UIM coverage with $100,000/$300,000 limits. State Farm denied coverage to the extent of financial responsibility limits, $25,000/$50,000. Plaintiffs sued to compel arbitration. After declaring the exclusions null and void, the trial court held plaintiffs are entitled to arbitrate UIM benefits. We affirm.

[672]*672The State Farm policy defines underinsured motor vehicle to mean:

1. a land motor vehicle, the ownership, maintenance or use of which is:
a. not insured or bonded for bodily injury liability at the time of the accident . . ..

Clerk's Papers, at 139.

However, the policy narrows substantially the statutory definition of an underinsured motor vehicle by these two exclusions:

An underinsured motor vehicle does not include a land motor vehicle:
3. owned or operated by a self-insurer, up to the extent that bodily injury limits of liability established by the financial responsibility law or any similar law are payable under a certificate of self-insurance;
4. owned by any government or any of its political subdivisions or agencies to the extent it is obligated to pay for the bodily injury ....

Clerk's Papers, at 140.

Thus, the policy first provides the coverage mandated by the statute, but then subtracts coverage, up to the limits of the financial responsibility law, if the owner is self-insured or is a government, its political subdivision or agency.

The mandatory coverage is part of the insurance policy. Touchette v. Northwestern Mut. Ins. Co., 80 Wn.2d 327, 328, 494 P.2d 479 (1972). The exclusions deny coverage when the statute, by its terms, requires coverage. Thus, the exclusions are void. Britton v. Safeco Ins. Co. of Am., 104 Wn.2d 518, 526, 707 P.2d 125 (1985).

State Farm argues, however, that the intent and purposes of the Legislature and our cases demonstrate the Legislature never intended to mandate UIM coverage in the case of self-insureds and governmental agencies, and the whole purpose of UIM coverage is to protect against financially irresponsible motorists. Touchette v. Northwestern Mut. Ins. Co., supra; Finney v. Farmers Ins. Co., 92 Wn.2d 748, 600 P.2d 1272 (1979); Blackburn v. Safeco Ins. Co., 115 Wn.2d 82, 794 P.2d 1259 (1990).

[673]*673The cases do refer to protection against financially irresponsible motorists. However, it is the Legislature which has defined the circumstances in which such protection is mandated. Further, the Legislature has not authorized these exclusions in defining underinsured motorists even though it has amended the statute a number of times, including authorization of specific exclusions. RCW 48.22.030(2), (5), (6).

For evaluating UIM coverage exclusions, we have developed an extensive body of jurisprudence over the past 20 years. These cases fall into two categories. The first line of cases involves those situations where the exclusion is directly contrary to specific language in the statute. "The specific contract terms of the policy must be read along with the statute to see if the terms are void and unenforceable." Blackburn, at 88. When language in the policy explicitly conflicts with the statute, the offending language is stricken.

The second line of UIM cases addresses the situation where an exclusion is neither permitted nor foreclosed by the UIM statute. In those cases, this court has typically undertaken a careful analysis of the public policies underlying the UIM statute. An exclusion will be permitted if it comports with the declared public policies of the UIM statutory scheme. Blackburn, at 86; see also Millers Cas. Ins. Co. v. Briggs, 100 Wn.2d 1, 7-8, 665 P.2d 891 (1983). For example, in Lovato v. Liberty Mut. Fire Ins. Co., 109 Wn.2d 43, 742 P.2d 1242 (1987), we approved an exclusion which limited UIM coverage to the United States and its territories. The exclusion was permitted because "nothing in the UM/ UIM státute, RCW 48.22.030, indicates a public policy contrary to this territorial limitation." Lovato, at 47. We have employed this public policy analysis on numerous occasions. See, e.g., Blackburn, at 84 (holding that exclusion for covered vehicle was valid); Millers Cas., at 7-8 (finding that excluding insured vehicle from UIM coverage comports with public policy); Kenworthy v. Pennsylvania Gen. Ins. Co., 113 Wn.2d 309, 779 P.2d 257 (1989) (holding that policy provision requiring insured to share arbitration costs impermissibly "whittled away" at the statutory UIM coverage); Britton, at [674]*674528 (evaluating policy exclusion in terms of public policy); Mutual of Enumclaw Ins. Co. v. Wiscomb, 97 Wn.2d 203, 213, 643 P.2d 441 (1982) (Wiscomb

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Bluebook (online)
852 P.2d 1078, 121 Wash. 2d 669, 1993 Wash. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quinn-kyrkos-v-state-farm-mutual-automobile-insurance-wash-1993.