Reynolds v. Shoemaker

83 P.3d 135, 139 Idaho 591, 2003 Ida. App. LEXIS 135
CourtIdaho Court of Appeals
DecidedDecember 30, 2003
DocketNo. 29207
StatusPublished
Cited by1 cases

This text of 83 P.3d 135 (Reynolds v. Shoemaker) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reynolds v. Shoemaker, 83 P.3d 135, 139 Idaho 591, 2003 Ida. App. LEXIS 135 (Idaho Ct. App. 2003).

Opinion

GUTIERREZ, Judge.

Brian A.K. Reynolds appeals from the district court’s grant of summary judgment and dismissal of his action against Allstate Insurance. We affirm.

I.

FACTUAL AND PROCEDURAL SUMMARY

Gregory S. Shoemaker executed a promissory note in the amount of $35,000 to purchase from Brian Reynolds real property that had been improved with a dwelling and a shed. The note was secured by a first priority deed of trust. The loan transaction was handled by Reynolds’ father, David Reynolds (hereafter “Dave”), who holds a general power of attorney on behalf of his son. Shoemaker purchased an Allstate Insurance Company Residential Fire Policy in order to meet an insurance requirement upon which Reynolds had conditioned the loan. The policy named Shoemaker as the insured, and designated Reynolds as the Mortgagee.

Less than a month after the purchase, a fire caused extensive damage and loss to Shoemaker’s home. After Shoemaker filed a claim, Allstate drew a check in the sum of $28,500.53 payable to the order of Greg Shoemaker and “Mortg.” Brian Reynolds. This check was delivered to Shoemaker at his mailing address. Shoemaker met Dave at a local cafe to discuss how the check was to be divided. Dave told Shoemaker that he wanted enough of the proceeds to pay the balance due on the promissory note ($36,425) down to the assessed value of the lot ($12,500), despite understanding that Reynolds was entitled to the entire 'amount of the check. Shoemaker hoped, to instead apply only $10,000 to the note. Dave suggested that Shoemaker attempt to renegotiate the amount of the check with Allstate, and Shoemaker gave the check to Dave to hold. Pursuant to Shoemaker’s later instruction, Dave returned the check to Allstate. Shoemaker then sent a letter to Allstate arguing that:

Brain or Dave Reynolds has no legal right to have their name on my check for the loss of my home. Also my insurance shows the Gregory Shoemaker is the insured party & by law the only. So please male or sind all future corrspondence to Me & Me olny. (sic; underscores added).

Allstate chose to not increase the amount of the proceeds and re-delivered the same jointly payable check to Shoemaker. Shoemaker attempted to use the check to refinance the note on the property. Dave, alerted to Shoemaker’s attempt to re-finance, was asked to come down and sign the check but declined to do so. Shoemaker was told that the new loan could not go through as the State of Montana held a lien on the insurance proceeds because of child support debts owed there by Shoemaker. Shoemaker thereafter embarked on an extended period of constant [593]*593inebriation and drug abuse, during which time he claims he went to Dave’s house, check in hand. Dave says he did not see Shoemaker or the check. Shoemaker says that he “thought [Dave] signed it, and we sent it to child support.” Either way, the check was sent to Helena, Montana, where it was cashed over Shoemaker’s signature and an alleged forgery of Brian Reynolds’ signature. Reynolds’ signature identified him as “Brain” as opposed to “Brian,” an error Shoemaker had made in his earlier letter to Allstate, and a mistake that Dave, who “named that kid thirty-nine years ago,” would be unlikely to make.

Reynolds then filed a complaint against Allstate to collect on the check issued as payment under the insurance policy; Reynolds also named Shoemaker as a defendant for allegedly forging Reynolds’ signature. Allstate filed an answer and a cross-claim against Shoemaker, and filed a motion for summary judgment that was granted by the district court. Reynolds appeals.

II.

ANALYSIS

Reynolds argues that he alone is entitled to the policy proceeds because his interest in the property exceeded the amount of the loss, and that Allstate did not satisfy its contractual obligation to issue and deliver a check to Reynolds. Allstate does not dispute Reynolds’ claim to the insurance proceeds, but argues that delivery of a cheek jointly payable to Reynolds and Shoemaker fulfilled its obligation under the terms of the insurance contract.

The standard of review on appeal from an order granting summary judgment is the same as the standard used by the district court in passing judgment on that motion. Harwood v. Talbert, 136 Idaho 672, 677, 39 P.3d 612, 617 (2001). When assessing a motion for summary judgment, all controverted facts are to be liberally construed in favor of the nonmoving party. Furthermore, the trial court must draw all reasonable inferences in favor of the party resisting the motion. G & M Farms v. Funk Irrigation Co., 119 Idaho 514, 517, 808 P.2d 851, 854 (1991); Sanders v. Kuna Joint School Dist., 125 Idaho 872, 874, 876 P.2d 154, 156 (Ct.App.1994). The party moving for summary judgment initially carries the burden to establish that there is no genuine issue of material fact and that he or she is entitled to judgment as a matter of law. Eliopulos v. Knox, 123 Idaho 400, 404, 848 P.2d 984, 988 (Ct.App.1992).

Because Allstate concedes that Reynolds is entitled to the entire proceeds of the insurance check, the resolution of this appeal turns on whether the language of the insurance contract imposes a duty on Allstate to make the insurance proceeds payable solely to Reynolds. Our standard of review when faced with interpretation of an insurance contract depends on whether the contract is ambiguous. Western Heritage Ins. Co. v. Green, 137 Idaho 832, 835, 54 P.3d 948, 951 (2002). If the terms of a contract are clear and unambiguous, then interpretation of that contract is a question of law. City of Idaho Falls v. Home Indem. Co., 126 Idaho 604, 607, 888 P.2d 383, 386 (1995). The meaning of an unambiguous contract must be determined from the plain meaning of the contract’s own words. Id.

According to Reynolds, the language of the insurance contract expressly mandates the insurance proceeds be made payable solely to him because the amount of Reynolds’ first priority deed of trust was an amount in excess of the loss payment. In support of this contention Reynolds cites the entire contract, including endorsements, in general and as a whole. However, we conclude that there is no express provision in the contract that mandates the insurance proceeds be made payable in Reynolds’ name alone. In the absence of an express provision, Reynolds nevertheless argues that the insurance contract imposes an affirmative duty upon Allstate to make the insurance proceeds payable to Reynolds alone. Such a duty does not exist within the four corners of the insurance contract.

The insurance contract expressly provides that Allstate will settle any covered loss with “you.” Reynolds contends the definition of “you” refers to the mortgagee. However, the definitions section of the contract defines [594]*594“you” as the policyholder named on the declarations page of the contract.

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83 P.3d 135, 139 Idaho 591, 2003 Ida. App. LEXIS 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynolds-v-shoemaker-idahoctapp-2003.