Rademacher v. Insurance Co. of North America

330 N.W.2d 858, 1983 Minn. LEXIS 1072
CourtSupreme Court of Minnesota
DecidedMarch 11, 1983
DocketC6-82-556
StatusPublished
Cited by6 cases

This text of 330 N.W.2d 858 (Rademacher v. Insurance Co. of North America) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rademacher v. Insurance Co. of North America, 330 N.W.2d 858, 1983 Minn. LEXIS 1072 (Mich. 1983).

Opinion

COYNE, Justice.

This is an appeal from amended findings of fact, conclusions of law, and order for judgment reforming a policy of automobile insurance issued by Insurance Company of North America (INA) to Sisters of the Order of St. Benedict (Sisters), awarding disability and income loss benefits to plaintiff Claretta Rademacher, and awarding medical expense benefits and replacement service loss benefits to plaintiff Sisters. The facts underlying the claim for basic economic loss benefits are undisputed; the issue of liability was tried before the district court, sitting without a jury, upon stipulated facts. We reverse.

Sister Claretta Rademacher, a member of the religious community of Sisters, was severely injured on May 2, 1977, when she was struck by an automobile operated by one Peter O’Keefe. Rademacher was a pedestrian when the accident occurred. On or about June 4, 1980, in consideration of the payment of $75,000, Rademacher executed a full and final release of all claims against O’Keefe and his employer, the City of St. Cloud, on account of bodily injuries resulting from the accident of May 2, 1977.

At the time of Rademacher’s injury, Sisters of the Order of St. Benedict, a religious order which is incorporated pursuant to the Minnesota Nonprofit Corporation Act, Minn.Stat. ch. 317 (1976), and which maintains its motherhouse at St. Joseph, Minnesota, was the named insured in INA’s policy of automobile insurance covering 53 motor vehicles owned by Sisters and used by members of the religious community, including Rademacher. The policy provided Sisters *860 with basic economic loss benefits applicable to all covered automobiles in the amount of $20,000 for medical expenses and the aggregate amount of $10,000 for income loss and replacement services loss in accordance with the requirements of the Minnesota No-Fault Automobile Insurance Act, Minn.Stat. § 65B.44 (1976).

Both Rademacher and Sisters asserted claims for basic economic loss benefits under Sisters’ INA policy. Rademacher, who was employed as an administrative clerk, performing routine clerical and accounting functions in the business office at St. Bene-, diet’s Convent in St. Joseph, claimed medical benefits and income loss benefits. Although Rademacher was not paid an actual salary by Sisters (members of the order take a simple vow of poverty), Sisters provided her living and maintenance expenses. Prior to her assignment in the Sisters’ business office, Rademacher had for 25 years served as a salaried teacher, assistant principal, and principal in various Roman Catholic elementary schools. At all times her salary was paid directly to Sisters. Sisters asserted a separate claim for replacement service loss benefits. Following Rademacher s injury, Sisters reassigned another member of the order — who was then employed at St. Benedict’s Hospital in Ogden, Utah, and whose wages were paid directly to Sisters — to perform the clerical services previously performed by Rademacher.

INA denied the claims on the ground that Rademacher was not an insured either under the terms of the policy issued to Sisters or within the provisions of the Minnesota No-Fault Automobile Insurance Act and that, even if Rademacher were an insured, (a) she was not entitled to income loss benefits pursuant to Minn.Stat. § 65B.44, subd. 3 (1976), 1 because she had not sustained a loss of “income” as that term is defined in Minn.Stat. § .65B.43, subd. 6 (1976), 2 and (b) Sisters was not entitled to replacement service loss benefits because the clerical services performed by Rademacher in the Sisters’ business office are not the type of services contemplated by Minn.Stat. § 65B.44, subd. 5 (1976). 3

Rademacher and Sisters then commenced this action seeking judgment on their re *861 spective claims for basic economic loss benefits. The district court found that, in view of the legislative purpose for the enactment of the Minnesota No-Fault Automobile Insurance Act, it was the intention of both INA and Sisters that the policy would provide basic economic loss benefits to the entire community of nuns who belong to Sisters, including Rademacher, the same as if each nun were an individually named insured. The district court also found that INA was estopped by its acceptance of premiums from denying that Rademacher was an insured. Having reformed the policy, the court concluded that Rademacher was entitled to income loss benefits, that Sisters was entitled to reimbursement for all medical expenses incurred on behalf of Rade-macher as a result of the accident of May 2, 1977, and also to replacement service loss benefits, and that all such benefits were recoverable up to the stacked limits of the 53 motor vehicles covered by the policy.

At the outset we hold that neither the complaint, the stipulated facts, nor the legislative purpose of the No-Fault Act support either a reformation of the policy or application of the principle of estoppel. The district court reformed the policy by attributing to the parties an intention, which the court perceived as residing in the legislative purposes of the No-Fault Act, to treat each member of the community as if she were a named insured. Although one of the stated purposes of the No-Fault Act is relief of the severe economic distress of uncompensated victims of automobile accidents, Minn.Stat. § 65B.42 (1976), provides only that that purpose shall be effected by requiring automobile insurers to offer and automobile owners to maintain automobile insurance policies which provide payment of specified basic economic loss benefits to victims of automobile accidents without regard to fault. Nothing, however, in § 65B.42 or in any other section of the No-Fault Act requires, or even suggests, that such a policy provide basic economic loss benefits to the members or employees of the entity named as the insured as if each such member or employee were an individually named insured. While the minimum requirements of a statute may be of assistance in interpreting the intent manifested by the parties to a contract, Peterson v. Marlowe, 264 N.W.2d 133, 135 (Minn.1978), a general legislative intention, however humanitarian, cannot be substituted as the intention of the parties in order to reform a contract which meets the specific requirements of the statutory plan.

It is apparent from the memorandum attached to the original order identifying Rademacher as a named insured under the INA policy that the district court’s findings, that the parties intended to insure the individual members of the religious community and that the insurer was estopped to deny that the individual members were insured, rest on the premise that because neither a convent nor a corporation could be a pedestrian or have a relative, the insurer sold insurance which had no value. The contention that because a corporation cannot sustain bodily injury the uninsured motorist coverage provided by a policy issued to a corporation was a nullity was advanced and rejected in Kaysen v. Federal Insurance Co., 268 N.W.2d 920 (Minn.1978).

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Bluebook (online)
330 N.W.2d 858, 1983 Minn. LEXIS 1072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rademacher-v-insurance-co-of-north-america-minn-1983.