Rocky Mountain Fuel Co. v. Providence Washington Insurance

307 P.2d 200, 134 Colo. 518, 1957 Colo. LEXIS 378
CourtSupreme Court of Colorado
DecidedFebruary 11, 1957
DocketNo. 17,814
StatusPublished

This text of 307 P.2d 200 (Rocky Mountain Fuel Co. v. Providence Washington Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rocky Mountain Fuel Co. v. Providence Washington Insurance, 307 P.2d 200, 134 Colo. 518, 1957 Colo. LEXIS 378 (Colo. 1957).

Opinion

Mr. Justice Knauss

delivered the opinion of the Court.

The parties herein previously appeared before this court in the same positions they now occupy. The first case is Rocky Mountain Fuel Co. et al. v. Providence Washington Insurance Co. et al. 130 Colo. 443, 276 P. (2d) 551. There, the previous judgment was reversed and the cause remanded for a new trial “with directions to the trial court to permit plaintiffs to introduce proper evidence in accordance with the offers made.” We deem it unnecessary to repeat the contentions of the parties, other than those which appear herein.

The trial court, on the retrial, entered findings of fact and conclusions of law, in substance as follows: That on August 27, 1951, a fire on plaintiffs’ premises destroyed the Casino building located thereon, which building was damaged in excess of $2,500, and further that said fire damaged or destroyed the contents of the Casino building, which damage to the contents was in excess of $10,000. That each of the defendants’ in error “had contracts of insurance running in favor of these plaintiffs on the Casino Building and the contents thereof; that the policies of insurance issued by these three defendants and in effect at the time of the aforementioned fire provided (a) that the total amount of insurance on the Casino Building itself was $2,500; (b) that the total amount of insurance on the contents of the Casino Building was $10,000.”

“That the endorsement which appears on each of the three insurance policies above referred to and which [520]*520endorsement reads as follows: ‘Note: The occupancy of all buildings shown on the form is amended to read “Machinery Warehouse” with the exception of Item 8,’ when viewed in the light of all the facts and circumstances presented at the trial does not alter or change the provision in each of the insurance contracts which provides that the amount of insurance upon the contents of the Casino Building is $10,000; but on the contrary the evidence adduced upon trial clearly shows such endorsements were placed thereon by virtue of a corrective order issued to these defendants by the Mountain States Bureau for rate-making purposes, and that said endorsements as written mean that the occupancy of all buildings, except Item Number 8, is amended to read ‘Machinery Warehouse’ and that the descriptive words ‘Machinery Warehouse’ are in opposition to the descriptive words used in designating the former occupancy of the various buildings, such as ‘car repair shop, pump house, watchman’s house, mine foreman’s house,’ etc.; and that as a result of these endorsements there was a reduction in premiums to these plaintiffs, all of which is both logical and supported by evidence, namely, that the occupancy of a building, i.e., what is to be stored therein, is one factor which is considered in determining the premium rate; that the endorsements above referred to when viewed in the light of all the facts and circumstances produced at the trial does not mean that the plaintiffs had $127,000 worth of insurance coverage upon their personal property regardless of the building in which said property was located or regardless of how much personal property was stored in any one building.”

The court then concluded that the total insurance coverage on the Casino Building and its contents was $12,500, and prorated that amount among the three defendants in error according to their separate contracts. Judgment was entered for this amount together with [521]*521interest. From this judgment plaintiffs in the action bring the cause here on writ of error.

It is here urged that the trial court admitted and relied upon incompetent evidence in arriving at its decision, and that the “undisputed evidence establishes as a matter of law that the contract ambiguity should be resolved against the defendants.” It is urged that “this results from * * * (1) the defendants were familiar with all the facts and circumstances surrounding the plaintiffs’ positions; (2) the defendants’ acts misled the plaintiffs to rely upon the ambiguity in the contracts to their damage; and (3) the defendants prepared the contracts containing the ambiguity upon which the plaintiffs relied.” These are the sole questions here presented by plaintiffs in error.

It appears from the record that at the time the insurance contracts were written, the plaintiffs were engaged in removing machinery from a mine, reconditioning it, warehousing it in buildings covered by the insurance policies and offering it for sale. After the insurance contracts were in force, the defendants requested the plaintiffs to redistribute machinery to locations other than where it was then stored because (as stated in the brief of counsel for plaintiffs in error) “Too much machinery had accumulated in one place. This evidence is undisputed though there is contradictory evidence as to the stated reason for such request.” The machinery was redistributed and the rider hereinafter mentioned was added to each policy. Counsel for plaintiffs in error then argue: “The obvious conclusion to be drawn from these facts is that the defendants’ liability was based on the total loss of personal property regardless of location.” They further contend: “ * * * that all buildings should be considered as one warehouse for insurance purposes.”

The endorsement or rider placed on the policies reads: “This endorsement is to show the correct occupancy of all buildings as machinery storage except Item No. 8, [522]*522which is corrected to read building F-l occupied as office, machine shop and electric shop.” Due to the new average rate charged a return premium was granted by each insurance company, and received by the insured.

The several policies had a specific amount set opposite each building which was insured, and a specific amount set forth as coverage where the contents of the structure were insured. These figures varied from the year of issue in 1948 through the renewals to the year 1950 and there were reductions in the amount of the coverage in subsequent years as to specific buildings and the contents of buildings. Obviously these reductions in coverage were meaningless and an idle gesture if all personal property of the mine site was to be covered, for that was practically an unlimited amount.

In each instance the nature of the contents was stated. This coverage ranged from $650 on the contents of the bath house to $25,000 on the contents of the Battery shop. The Casino building was insured for $2,500, and its contents for $10,000. The insured personal property in the Casino Building was described as “Mine equipment, L. E. Mach. Motors, Battery parts, Drills.” The Mountain States Inspection Bureau, a. rating organization, ordered the endorsements or riders attached to the policies for rate purposes only, and this resulted in a reduction of premiums to be paid by plaintiffs in error. The purpose of the endorsements or riders, being Exhibits J, K and L, show by their own terms that they were for rate purposes.

We held in the former case that plaintiffs were entitled to introduce evidence in support of an offer of proof under the claimed “ambiguity.” On the retrial such evidence as plaintiffs could adduce was received and the trial court evaluated all of the testimony and the insurance contracts and made detailed and comprehensive findings of fact and conclusions of lav/, all based on competent evidence.

The trial court was liberal in the admission of [523]*523testimony to show the situation of the parties and the reason for the “riders” on the policies.

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

Related

Union Pacific Railroad v. Stupeck
50 Colo. 151 (Supreme Court of Colorado, 1911)
Louden Irrigating Canal & Reservoir Co. v. Town of Berthoud
57 Colo. 374 (Supreme Court of Colorado, 1914)
Rocky Mountain Fuel Co. v. Providence Washington Insurance
276 P.2d 551 (Supreme Court of Colorado, 1954)

Cite This Page — Counsel Stack

Bluebook (online)
307 P.2d 200, 134 Colo. 518, 1957 Colo. LEXIS 378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rocky-mountain-fuel-co-v-providence-washington-insurance-colo-1957.