Schmidt v. St. Paul Fire & Marine Insurance Co.

376 N.W.2d 237, 1985 Minn. App. LEXIS 4650
CourtCourt of Appeals of Minnesota
DecidedOctober 29, 1985
DocketC4-85-358
StatusPublished
Cited by10 cases

This text of 376 N.W.2d 237 (Schmidt v. St. Paul Fire & Marine Insurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schmidt v. St. Paul Fire & Marine Insurance Co., 376 N.W.2d 237, 1985 Minn. App. LEXIS 4650 (Mich. Ct. App. 1985).

Opinions

OPINION

FOLEY, Judge.

Appellants Gary R. Schmidt and Thomas C. Auel (Schmidt and Auel) appeal from a judgment denying fire loss coverage under a policy issued by respondent St. Paul Fire and Marine Insurance Company (St. Paul). In a special verdict, the jury awarded damages to appellants totalling $16,000 and further found that appellants had a reasonable expectation of coverage. The trial court adopted the previous finding but ruled as a matter of law that coverage did not exist. We affirm in part, reverse in part and remand for further proceedings.

FACTS

On November 13,1979, Schmidt and Auel bought a vacant rooming house intending to renovate it. They subsequently contacted Michael McNamee, an independent insurance agent, who submitted an application for insurance to the Minnesota Property Insurance Placement Facility. The facility’s purpose is to assure that property which does not qualify for basic property [239]*239insurance through the normal insurance market will have access to insurance through the state bureau. Minn.Stat. § 65A.32 (1984). The facility accepted the risk, established the premiums and assigned the policy to St. Paul for servicing.

On November 28, 1979, St. Paul sent Schmidt and Auel a letter stating the following:

Based on the information in your application and the inspection report of the Minnesota Inspection Bureau, the premium and policy conditions will be:
Perils: X Fire _X_ Extended Coverage
X VMM Term 1 Year (vandalism and malicious mischief)

The letter also indicated an additional charge of $150, included in the $411.68 premium, for vacancy coverage. The coverage was to take effect on the date appellants’ check was received by St. Paul.

In response to this offer of coverage, Schmidt and Auel sent their check for $411.68 on December 3, 1979. Subsequently, they signed a vacancy endorsement, which limited vacancy coverage to 90 days. Schmidt and Auel did not know of the 90-day restriction at the time of signing.

On October 24, 1980, the vacant rooming house burned down. Appellants submitted a claim for the full coverage of $25,000. St. Paul denied the claim because the 90-day vacancy endorsement extended only to March 5, 1980. In a special verdict, the jury found that Schmidt and Auel had never received a copy of the insurance policy containing the restrictive language of the endorsement. The court adopted this finding. The jury awarded appellants damages of $16,000.

The jury further found that appellants had a reasonable expectation of coverage beyond March 5, 1980. The court found, however, that the letter of November 28, 1979, offering coverage was a binder or temporary insurance contract and that reference to the underlying policy was necessary to determine the details of coverage. See Minn.Stat. 65A.03 (1984).

Since the vacancy endorsement specified that coverage was only for a period from December 5, 1979, to March 5, 1980, the court found that the reasonable expectations doctrine was not applicable. Consequently, the court held as a matter of law that the loss was not covered.

From the judgment entered in favor of St. Paul, Schmidt and Auel filed this appeal.

ISSUES

I. Did the trial court err when it held, as a matter of law, that the fire loss was not covered?

II. Did the trial court err in submitting the issue of damages to the jury?

ANALYSIS

In order to overturn a trial court’s findings, a reviewing court “must be left with a definite and firm conviction that a mistake has been made, notwithstanding the evidence to support such findings.” Cherne Industrial, Inc. v. Grounds & Associates, Inc., 278 N.W.2d 81, 88 (Minn.1979).

We initially note that appellants failed to move for a new trial as dictated under Minn.R.Civ.P. 59.01 and 59.03. The trial court erred, however, in considering the reasonable expectation of coverage in its findings of fact. Determination of reasonable expectation of coverage presents a question of law and thus we are not foreclosed from considering this issue on appeal. See Rautio v. International Harvester Co., 180 Minn. 400, 231 N.W. 214 (1930). Moreover, an appellate court need not defer to the trial court in reviewing questions of law. Van De Loo v. Van De Loo, 346 N.W.2d 173 (Minn.Ct.App.1984).

I. Neither party disputes the court’s finding that the November 28 letter was a binder. The court noted that coverage was obtained under the Minnesota FAIR Plan Act, which specifies:

Binders * * * shall be deemed to include all the terms of such standard fire insurance policy and all such applicable en[240]*240dorsements as may be designated in such contract of temporary insurance.

Minn.Stat. § 65A.03 (1984). Therefore, the court held that reference to the underlying policy must determine the details of coverage. See, Indiana Mutual Casualty Co. v. Pratt, 177 Minn. 36, 224 N.W. 253 (1929).

The standard fire policy is set forth in Minn.Stat. § 65A.01 (1984). It contains as part of its standard terms a provision which reads:

Unless otherwise provided in writing added hereto this company shall not be liable for loss occurring:
(b) while the described premises, whether intended for occupancy by owner or tenant, are vacant or unoccupied beyond a period of 60 consecutive days * * *.

Minn.Stat. § 65A.01, subd. 3 (1984) (emphasis supplied). A vacancy endorsement attached to the policy specified that vacancy coverage “shall not exceed 90 days.” The court incorporated this 30-day extension of coverage into the policy and found the policy language unambiguous. According to the court, the policy terminated on March 5, 1980.

Appellants agree that a binder normally implies reference to the standard policy to determine the details of coverage. Appellants contend, however, that in this case they contracted for coverage beyond that provided in the standard policy. Specifically, they argue that the additional premium charged for a vacancy permit, the binder’s reference to one year coverage and the absence of any language limiting or excluding coverage created an ambiguity in the policy. Therefore, they argue that the trial court erred in disregarding the jury’s finding of a reasonable expectation of coverage beyond March 5, 1980.

Appellants further contend that the court’s action is incongruent with the jury’s finding that appellants never received a copy of the insurance policy and the endorsement’s restrictive language. We agree. The trial court relied on Twin City Hide v.

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Schmidt v. St. Paul Fire & Marine Insurance Co.
376 N.W.2d 237 (Court of Appeals of Minnesota, 1985)

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Bluebook (online)
376 N.W.2d 237, 1985 Minn. App. LEXIS 4650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmidt-v-st-paul-fire-marine-insurance-co-minnctapp-1985.