Rucker v. National General Insurance Co.

442 N.W.2d 113, 1989 Iowa Sup. LEXIS 168
CourtSupreme Court of Iowa
DecidedJune 14, 1989
DocketNo. 88-669
StatusPublished
Cited by14 cases

This text of 442 N.W.2d 113 (Rucker v. National General Insurance Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rucker v. National General Insurance Co., 442 N.W.2d 113, 1989 Iowa Sup. LEXIS 168 (iowa 1989).

Opinions

ANDREASEN, Justice.

This appeal deals with the developing area of underinsured motorist coverage. Here, we must decide if an insured can be required to fully exhaust the policy limits of the tortfeasor’s liability carrier as a precondition to claiming and receiving underin-sured motorist benefits. If the insured is permitted to make settlement with the tort-feasor’s liability carrier for less than the full policy limits, we must then determine the effect of this settlement upon the damages recoverable under the underinsured motorist policy provisions.

I. On June 4, 1986, Herbert F. Rucker was killed when the bicycle he was riding was struck from behind by a pickup truck driven by Carl F. Bunse. Bunse had automobile liability insurance coverage with Farm Bureau Mutual Insurance Company (Farm Bureau). This liability coverage had limits of $100,000. The estate of Mr. Ruck-er (estate) entered into a settlement with Farm Bureau in January 1987. Prior to final settlement with Farm Bureau, the estate notified Mr. Rucker’s automobile insurance carrier, National General Insurance Company (National), of the terms of the offered settlement and its intent to accept the offer. National notified the estate that the underinsured motorist policy provisions required full exhaustion of the Farm Bureau policy. Under their settlement with Farm Bureau, the estate received an immediate cash payment of $25,-750 and monthly payments of $500 for the lifetime of Mr. Rucker’s spouse. These payments were guaranteed to continue for a minimum of fifteen years. The present value of this settlement, including the immediate cash payment, was $85,250 and the guaranteed minimum payout to the estate was $115,750.

After finalizing this settlement with Farm Bureau and Bunse, the estate made claim for underinsured motorist benefits from National. This underinsured motorist policy provided coverage limits of $20,000. National refused to pay this claim because of a policy clause that required the estate to exhaust the liability policy limits before making a claim on the underinsured policy. Specifically, the provision stated:

[National] will pay under this coverage only after the limits of liability under any applicable bodily injury liability bonds or policies have been exhausted by payment of judgments or settlements.

The estate subsequently filed an action against National for payment of the under-insured motorist benefits. Both parties requested a declaratory ruling from the court as to whether the estate failed to satisfy a condition of the policy by accepting a settlement from Farm Bureau which had a present value of less than the liability policy limits. The estate argues that the exhaustion requirement of the underinsured policy should be considered void as against public policy.

The district court treated the estate’s petition for declaratory judgment and National’s motion for summary judgment as a motion for adjudication of law points pursuant to Iowa Rule of Civil Procedure 105. The district court ruled that the exhaustion provision was valid and did not violate public policy. In considering whether the settlement satisfied the policy requirement,' the court looked to the guaranteed pay-out figure of $115,750 rather than the settlement’s present value of $85,250. In a nunc pro tunc order, the court provided that the estate could recover against National provided the estate proved damages in excess of the $100,000 policy limit. National filed an application for interlocutory appeal which this court granted.

II. Although the trial court found the settlement with Farm Bureau was valued in excess of $100,000 of the $100,000 liability policy limit, we find as a matter of law that the value of a settlement should be determined at its present value. The structured settlement included both a cash payment and annuity payments. Generally, annuities are valued at their present worth or value. Cf. Sidles Distrib. Co. v. [115]*115Heath, 366 N.W.2d 1 (Iowa 1985) (weekly workers’ compensation disability benefits commuted to a present value lump sum); In re Marriage of Bevers, 326 N.W.2d 896 (Iowa 1982) (employee pension benefits valued at its present worth in a dissolution of marriage proceeding); Mallinger v. Brussow, 252 Iowa 54, 105 N.W.2d 626 (1960) (loss to estate reduced to present worth in civil death case). The present value of the Farm Bureau settlement was $85,250. We must determine if the exhaustion clause in the underinsured motorist policy is enforceable. If unenforceable, we must determine the effect of settlement with the tort-feasor’s liability carrier for less than full policy limits.

III. In 1980, Iowa Code section 516A. 1 was revised to require automobile insurance policies to include both uninsured and underinsured motorist coverage unless the insured rejects the coverage in writing. See American States Ins. Co. v. Tollari, 362 N.W.2d 519, 521 (Iowa 1985). In Tol-lari, we stated that the purpose of underin-sured motorist coverage is to provide protection from loss caused by a tortfeasor who is not financially responsible. If the tortfeasor has some liability insurance, but the insurance is insufficient to fully compensate the insured’s loss, the insured can, under their own underinsured motorist coverage, recover the loss minus their recovery from the tortfeasor’s liability insurance, subject to the limit of the underin-sured motorist coverage. Id. at 522. In recovering under both the tortfeasor’s liability policy and the insured’s underinsured motorist policy, the insured is not entitled to any duplication of benefits. Id.

In Kapadia v. Preferred Risk Mut. Ins. Co., 418 N.W.2d 848 (Iowa 1988), we held an auto insurance policy with a subrogation clause is consistent with the language and spirit of chapter 516A and that such subro-gation rights can be protected by the use of a consent-to-settlement clause. Id. at 851. We upheld the use of a consent-to-settlement clause as an enforcement method of protecting an insurer’s subrogation rights. Id. However, we require the insurer to show actual prejudice before it claims the benefit of the exclusion.

In McClure v. Northland Insurance Cos., 424 N.W.2d 448 (Iowa 1988), we held that an injured person’s recovery from an underinsured motorist policy could not be reduced by the amount of worker’s compensation benefits received for the same injury. We rejected the narrow view of underinsured motorist coverage, which considers the goal of underinsured motorist coverage to place the injured parties in the same position they would be in if the tort-feasor had liability insurance equal to their own underinsured motorist limits. Id. at 449. We instead adopted the broad view of underinsured motorist coverage, which considers the goal of underinsured motorist coverage to be full compensation. Under this view, underinsured motorist coverage applies whenever the tortfeasor has less insurance than the victim has injury.

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Matter of Estate of Rucker
442 N.W.2d 113 (Supreme Court of Iowa, 1989)

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Bluebook (online)
442 N.W.2d 113, 1989 Iowa Sup. LEXIS 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rucker-v-national-general-insurance-co-iowa-1989.