Rinehart v. State Farm

CourtSuperior Court of Maine
DecidedAugust 19, 2015
DocketSAGcv-14-25
StatusUnpublished

This text of Rinehart v. State Farm (Rinehart v. State Farm) is published on Counsel Stack Legal Research, covering Superior Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rinehart v. State Farm, (Me. Super. Ct. 2015).

Opinion

STATE OF MAINE Superior Court SAGADAHOC, ss CIVIL ACTION Docket No. CV-14-25

) MICHAEL AND CHRISTINE ) RINEHART, ) ) Plaintiffs ) ) v. ) ) STATE FARM MUTUAL ) AUTOMOBILE ) INSURANCE COMPANY, )

Defendant

DECISION AND JUDGMENT

The Motion for Summary Judgment of Defendant State Farm Mutual Automobile

Insurance Company ("State Farm"), along with the opposition of Plaintiffs Michael and

Christine Rinehart ["the Rineharts"] and State Farm's reply came before the court for oral

argument July 7, 2015. After oral argument, State Farm was granted leave to submit a further

memorandum, in response to which the Rineharts have also filed a further memorandum.

This case arises from an accident in which Michael Rinehart suffered bodily injury while

operating a motor vehicle insured by State Farm. The accident occurred when an underinsured

motorist's vehicle struck Mr. Rinehart's vehicle from behind. The parties agree that the State

Farm policy covering the vehicle Mr. Rinehart was driving affords $100,000 in uninsured

motorist (UM) coverage for Mr. Rinehart's injuries, and also agree that State Farm is entitled

to an offset against that amount based on the Rineharts having received $100,000 in settlement

of their claims against the underinsured motorist, representing the limit of that motorist's

policy. However, the Rineharts assert that they are also entitled to additional amounts from State Farm. The Rineharts' three-count Complaint against State Farm asserts the following

claims:

• Count I contends that, under the principle known as "stacking," the Rineharts are

entitled to the benefit of the UM coverage provided by three other automobile

insurance policies the Rineharts have with State Farm, covering other vehicles

owned by the Rineharts.

• Count II contends that the Rineharts are entitled to coverage because the accident

was caused in whole or part by a "phantom vehicle."

• Count III asserts a loss of consortium claim on behalf of Christine Rinehart. 1

State Farm's Motion for Summary Judgment seeks judgment on all claims. Based on the

entire record, the court agrees that State Farm is entitled to judgment and grants the

Motion.

Factual and Procedural Background

Where indicated, the following facts are gathered from the Stipulation of Facts and the

exhibits thereto filed by the parties March IS, 2015, as well as State Farm's Statement of

Material Facts (S.M.F.), the Rineharts' Opposing Statement of Material Facts (O.S.M.F.), the

Rineharts' Additional Statement of Material Facts (A.S.M.F.), and State Farm's Reply

Statement (R.S.M.F.). Apart from certain allegations involving the alleged "phantom vehicle,"

no material facts appear to be in dispute.

On June 1, 2011, Michael Rinehart was driving his 2001 Saab Station wagon on Bypass

Drive in Topsham, Maine. While stopped in a line of traffic, his car was rear-ended by a vehicle

driven by Erin Parker. He and Christine Rinehart are husband and wife.

1 Although State Farm seems judgment on the Complaint, its memoranda do not refer to the

2 At of June 1, 2011, the Rineharts had four different automobile insurance policies with

State Farm, each of them providing primary coverage for a single vehicle listed on the policy

declarations page. Three of the policies used the same policy form, and the fourth-the one

issued for the vehicle involved in the accident-used a different policy form. Each of the four

policies provided UM coverage for bodily injury of $100,000 per person.

The policies are as follows:

1. Policy Number 42 2569-F1S-19B for a 2001 Saab station wagon, utilizing Policy

Form 9819A. The declarations page for this policy lists the Saab station wagon that

Mr Rinehart was driving when the accident occurred.

2. Policy Number 050 8214-All-19C, utilizing Policy Form 9819B. The declarations

page for this policy identifies a 1988 Saab Model 900 as "Your Car" for purposes of

coverage

S. Policy Number 054 6869-B 12-19D, also utilizing Policy Form 9819B. The

declarations page for this policy identifies a 1992 Saab Model 900 as "Your Car" for

purposes of coverage.

4. Policy Number L06 1268-C18-19L utilizing Policy Form 9819B. The declarations

page identifies a 2001 Saab Model 9-S as "Your Car" for purposes of coverage.

Ms. Parker's automobile insurance carrier settled the Rineharts' claims against Ms.

Parker for the $100,000 limit ofher policy. With State Farm's consent, the Rineharts signed a

release of all claims against Ms. Parker.

The Rineharts' "phantom vehicle" claim relies on an affidavit from a man named David

Closson who was driving a vehicle in the line of traffic ahead of the Rinehart and Parker

vehicles when the accident happened. His affidavit states that traffic at the intersection of

Bypass Road and Rte. 196 had stopped suddenly and unexpectedly. Mr. Closson braked hard

3 and was able to stop his vehicle, but some of the vehicles behind his collided. Mr. Closson

subsequently approached a vehicle ahead of his that had stopped at the intersection and spoke

to the unidentified driver, who informed Closson that her vehicle had stopped because it was

out of gas. The Rineharts' "phantom vehicle" claim asserts that this unidentified driver was

also at fault for the accident.

Standard of Review

"Summary judgment is appropriate when the record reveals no issues of material fact in

dispute. A fact is material if it has the potential to affect the outcome of the case." Lepage v. Bath

Iron Works Corp., 2006 ME 130, ~ 9, 909 A.2d 629 (citations omitted).

The Law Court has held that "[s]ummary judgment is properly granted if the facts are

not in dispute or, if the defendant has moved for summary judgment, the evidence favoring the

plaintiff is insufficient to support a verdict for the plaintiff as a matter of law." Curtis v. Porter,

2001 ME 158, ~7, 784 A.2d 18; see also Houde v. Millett, 2001 ME 183, ~ 11, 787 A.2d 757.

If "a defendant moves for summary judgment, the plaintiff 'must establish a prima facie

case for each element of her cause of action' that is properly challenged in the defendant's

motion." Curtis, 2001 ME 158, ~8, 784 A.2d 18 (quoting Champagne v. Mid-Maine Med. Ctr.,

1998 ME 87, ~ 9, 711 A.2d 842); see also Corey v. Norman, Hanson & DeTTOy, 1999 ME 196, ~ 9,

742 A.2d 933. When considering a Motion for Summary Judgment, the court must admit

uncontroverted facts from the statement of material facts that are properly supported. M.R.

Civ. P. 56(h)(4 ).

4 Discussion A. The Legal Framework In Maine, insurers are required to provide uninsured/underinsured motorist coverage

pursuant to 24-A M.R.S. § 2902. 2 The Law Court has explained that "The purpose of the

statute is to permit an injured party to receive the same recovery as would have been available

to him or her had the tortfeasor carried an equivalent level of insurance." Mollem· v. Dairyland

Ins. Co., 2008 ME +6, ~[10, 94<':2 A.2d 1197. "This purpose is effected by interpreting the statute

liberally in favor of insured individuals and by strictly interpreting it against insurers. Any

ambiguity in 'legally entitled to recover,' the operative language in section ':2902, is to be

resolved in ht\'Or ofinjured insureds." !d. (citations omitted).

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Related

Lanzo v. State Farm Mutual Automobile Insurance
524 A.2d 47 (Supreme Judicial Court of Maine, 1987)
LePage v. Bath Iron Works Corp.
2006 ME 130 (Supreme Judicial Court of Maine, 2006)
Merriam v. Wanger
2000 ME 159 (Supreme Judicial Court of Maine, 2000)
Champagne v. Mid-Maine Medical Center
1998 ME 87 (Supreme Judicial Court of Maine, 1998)
Corey v. Norman, Hanson & DeTroy
1999 ME 196 (Supreme Judicial Court of Maine, 1999)
Brackett v. Middlesex Insurance
486 A.2d 1188 (Supreme Judicial Court of Maine, 1985)
Hall v. Patriot Mutual Insurance
2007 ME 104 (Supreme Judicial Court of Maine, 2008)
Curtis v. Porter
2001 ME 158 (Supreme Judicial Court of Maine, 2001)
Houde v. Millett
2001 ME 183 (Supreme Judicial Court of Maine, 2001)
Sullivan v. State
948 A.2d 121 (Court of Special Appeals of Maryland, 2008)
Foremost Insurance Co. v. Levesque
2005 ME 34 (Supreme Judicial Court of Maine, 2005)
State v. LW
999 A.2d 5 (Connecticut Appellate Court, 2010)
Tibbetts v. Dairyland Insurance Co.
2010 ME 61 (Supreme Judicial Court of Maine, 2010)

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