Schanuel v. State Farm Mutual Automobile Insurance

478 P.2d 539, 82 N.M. 211
CourtNew Mexico Supreme Court
DecidedDecember 21, 1970
DocketNo. 9059
StatusPublished
Cited by1 cases

This text of 478 P.2d 539 (Schanuel v. State Farm Mutual Automobile Insurance) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schanuel v. State Farm Mutual Automobile Insurance, 478 P.2d 539, 82 N.M. 211 (N.M. 1970).

Opinion

OPINION

WATSON, Justice.

On July 20, 1962, plaintiff-appellant purchased an insurance policy from State Farm Mutual Automobile Insurance Company, defendant-appellee. The policy covered her 1962 Volkswagon, and she alone was named as insured. The policy recited and defined several forms of coverage, but the title page, under “DECLARATION,” noted only the following coverages: “A” (Bodily Injury Liability), “B” (Property Damage Liability), “C” (Medical Payments), “D” (Comprehensive), “G$50” (Deductible Collision), and “H” (Emergency Road Service).

In April, 1964, plaintiff-appellant purchased additional coverage under the policy which was evidenced by a “rider,” Exhibit “B” to her complaint. Under “EXCEPTIONS AND ENDORSEMENTS” of this rider, the following appeared:

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There was also a blank space for Coverage “T” which was not utilized. Coverage “T” concerned total disability. Coverages “S” and “T” were set forth in the policy under “Insuring Agreement IV — Automobile Death Indemnity, Specific Disability and Total Disability Insurance.” Coverage “S” provided for payment of the amount set forth above in the event of the death of each insured resulting from an automobile accident, and it also provided for the payment of certain scheduled amounts for dismemberment and loss of sight resulting from an automobile accident. If death resulted, the payment for it was to be reduced by any payments made for dismemberment or loss of sight.

At the time of the purchase of the additional coverage, Lund Marble, appellant’s son, was 25 years of age, a student, and self-supporting. He married on March 10, 1965, and lived with his wife until, as a result of an automobile accident, he died on March 25, 1965. The appellee insurance company paid the proceeds of the policy to decedent’s widow by a check made payable to “The Estate of Lund Marble.” It was endorsed “The Estate of Lund Marble Jr. by Deanna J. Marble (wife) for deposit for Stacy Leigh Marble.” Appellant, who had paid all of the premiums on the insurance policy, brought this action claiming the payment should have been made to her as the surviving insured.

Summary Judgment was granted the insurance carrier, and the sole question involved in this appeal is whether the trial court correctly construed the insurance policy in determining that the proceeds as a result of Lund’s death were correctly paid or should have been paid to appellant.

Each party to the action asked and obtained the answer to the interrogatories from the other as to which provisions of the policy were relied upon for paj'ment under their respective contentions. The appellant stated she relied upon:

“All paragraphs applicable to coverage ‘S’ under Insuring Agreement IV (Pages 6-7), and all conditions, definitions, etc., applicable thereto as contained by reference in said Insuring Agreement or as a part of said policy, but particularly Paragraph Twelve of the Insuring Agreement IV (Page 7), Paragraph Nine of policy conditions (Page 9), sub-paragraph entitled ‘Insured’, under paragraph entitled ‘Definitions’ (Page 7).”

Paragraph 12 and the definition of “insured,” both of which were under the same general heading as Coverage “S,” i. e., “Insuring Agreement IV,” read as follows:

“12. Payment of Claim; Autopsy — Coverage S. Payment hereunder shall be made to the insured or, if the insured be a minor or incompetent person, to a parent or guardian; and if the insured is deceased, such payment shall be made to his surviving spouse if a resident of his household at the time of the accident, otherwise to the insured’s estate. Any payment so made shall, to the extent thereof, constitute a complete discharge of the company’s obligations hereunder and the company shall not be required to see to the application of the money so paid.
“The company shall have the right and opportunity to make an autopsy where it is not forbidden by law.”
“Insured — means under coverages S and T the persons designated as such in the exceptions of the declarations.”

Paragraph 9 was under the heading “POLICY CONDITIONS — APPLICABLE TO ALL COVERAGES UNLESS OTPIERWISE NOTED”; it read as follows :

“9. Joint and Several Interests. If two or more insureds are named in the declarations, this policy shall apply to them jointly and severally, but the inclusion of more than one insured shall not operate to increase the limits of the company’s liability.”

Appellant points out to us no other applicable provisions of the policy but contends that if the policy is ambiguous it must be construed in favor of the insured, and that it should be construed as of the date of the issuance of the policy and not as of the date of death.

Appellee’s answer as to what provisions of the policy it relied upon for refusing to pay plaintiff said:

“The basis for denying plaintiff’s claim is that there are no sections in the insurance policy which specifically state that the plaintiff is to receive the proceeds of the policy in question. Specifically, defendant relies upon the entire coverage ‘S’ Section. Specifically, the definition of insured on Page 7 and Paragraph 12 of the Insuring Agreement 4, on Page 7 and Exhibit B of the Complaint. In denying this claim, defendant zvill rely upon all of the provisions which the plaintiff alleges support her contention(Emphasis added by the court.)

AYe have described the provisions of the rider, Exhibit “B” of the complaint. There, both the appellant and her son were listed as persons insured under Coverage “S” for $10,000.00.

Appellant filed an affidavit in which she stated that appellee’s agent told her when she purchased the Coverage “S” rider that it would provide her indemnity in the amount of $10,000.00 in the event her son was killed and would provide her son the same in the event of her death, and that she relied upon this. She' makes no point of this, however, except as it would reflect upon the intent of the parties in the event the provisions of the policy are deemed ambiguous. She cites Morton v. Great American Insurance Company, 77 N.M. 35, 419 P.2d 239 (1966), and Knotts v. Safeco Insurance Company of America, 78 N.M. 395, 432 P.2d 106 (1967).

In Morton, we said:

“While a policy of insurance, like any other contract, must be construed so as to give effect to the intention of the parties, where language of a policy is susceptible of more than one construction, the test is not what the insurer intended the words of the policy to mean, but what a reasonable person in the position of the insured would understand them to mean. (Citing Cases.)” [77 N.M. at 38, 419 P.2d at 241.]

There, we held that a substantial conflict of authorities in the interpretation of similar policies was some evidence that the term was not unambiguous. In the case before us, neither party has shown us an authority interpreting the contract provisions here involved.

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Related

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619 P.2d 1251 (New Mexico Court of Appeals, 1980)

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Bluebook (online)
478 P.2d 539, 82 N.M. 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schanuel-v-state-farm-mutual-automobile-insurance-nm-1970.