Schuster v. Shelter Mutual Insurance Co.

857 S.W.2d 381, 1993 Mo. App. LEXIS 783, 1993 WL 160160
CourtMissouri Court of Appeals
DecidedMay 19, 1993
Docket18068
StatusPublished
Cited by18 cases

This text of 857 S.W.2d 381 (Schuster v. Shelter Mutual Insurance Co.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schuster v. Shelter Mutual Insurance Co., 857 S.W.2d 381, 1993 Mo. App. LEXIS 783, 1993 WL 160160 (Mo. Ct. App. 1993).

Opinion

MONTGOMERY, Presiding Judge.

Bradley M. Schuster (Plaintiff) brought this action in two counts against Shelter Mutual Insurance Company (Shelter) for a declaratory judgment and for recovery of medical expenses resulting from an automobile accident. Plaintiff’s suit arises from his collision with a school bus on September 13,1990, while he was operating an uninsured 1979 International Scout owned by his stepfather, Pete Walker. As a result of the accident, Plaintiff incurred medical expenses.

At the time of the accident Plaintiff was the named insured on a motor vehicle liability policy with Shelter which included medical payment coverage. The declarations of the policy described Plaintiff’s 1980 Ford Ranger.

Plaintiff, a high school student, lived at home with his mother, brother and stepfather during the time in question. At trial, Plaintiff’s statement was introduced into evidence by stipulation. Plaintiff indicated that on September 13, 1990, he had taken the Scout keys from their customary location in the kitchen and borrowed the Scout. When asked, “So anytime you need it, you just get it,” Plaintiff answered yes. He further testified he only drove the Scout “once in a while.”

After a non-jury trial, the trial court determined Shelter’s policy with Plaintiff afforded him no liability coverage and that Plaintiff was not entitled to recover his medical expenses. Plaintiff appeals, raising two alleged errors.

The first prong of Plaintiff’s point I suggests the trial court erred in entering judgment in favor of Shelter on Count II of Plaintiff’s petition because the insurance contract did not limit liability coverage for bodily injury to accidents resulting from use of the described auto or a non-owned auto, and the vehicle was not a non-owned auto as defined in the insurance policy or *383 as that term would be understood by a lay person.

Plaintiff begins his argument by directing our attention to Shelter’s policy which provides, in pertinent part:

PART I — AUTO LIABILITY
COVERAGE A — BODILY INJURY LIABILITY;
COVERAGE B — PROPERTY DAMAGE LIABILITY
We will pay on behalf of the insured all sums, within the limits of liability of these coverages, which the insured shall become legally obligated to pay as damages because of:
(1) Bodily injury sustained by any person; and
(2) Property damage sustained by any person, caused by accident resulting from the ownership, maintenance, or use of the described auto or a non-owned auto.

Plaintiff argues the bodily injury provision (subparagraph (1)) stands by itself separate and distinct from the property damage provision (subparagraph (2)). He suggests the phrase “caused by accident resulting from the ownership, maintenance, or use of the described auto or a non-owned auto,” applies only to the property damage provision after considering the “punctuation and the way the language is set up in the contract.”

Relying on Krombach v. Mayflower Ins. Co., Ltd., 785 S.W.2d 728 (Mo.App.1990), Plaintiff indicates an ambiguity exists in the quoted policy provisions and states “it is clear that a lay person purchasing this policy would believe that he was covered for all bodily injury he may become obligated to pay as damages due to his operation of any automobile.”

The standard of review and rules regarding policy ambiguity are as follows: 1) whether or not language is ambiguous is a question of law for the trial court, West v. Jacobs, 790 S.W.2d 475, 480 (Mo.App.1990); 2) in determining whether the trial court has erred as a matter of law in interpreting the contract as unambiguous, Anchor Centre Partners Ltd. v. Mercantile Bank, N.A., 803 S.W.2d 23, 32 (Mo. banc 1991), the appellate court reviews the policy itself to determine if any ambiguity exists, Maryland Casualty Co. v. Martinez, 812 S.W.2d 876, 881 (Mo.App.1991); 3) the language in question is ambiguous if it is “fairly susceptible of two interpretations,” English v. Old American Ins. Co., 426 S.W.2d 33, 36 (Mo.1968); and, 4) if no ambiguity exists, then the policy must be construed according to its plain meaning, Krombach v. Mayflower Ins. Co., Ltd., 785 S.W.2d 728, 731 (Mo.App.1990).

Learfield Communications v. Hartford Acc. & Indem., 837 S.W.2d 299, 300 (Mo.App.1992).

Krombach does not aid Plaintiff since the Court there construed a policy provision concerning underinsured motorist coverage. Plaintiff cites no authority construing policy provisions like those here in the Shelter policy.

We do not find the language ambiguous in subsections (1) and (2) under coverages A and B of Shelter’s policy. An ambiguity in an insurance contract exists only where there is doubt or uncertainty as to its meaning and it is fairly susceptible to two interpretations. Earl v. State Farm Mut. Auto. Ins. Co., 820 S.W.2d 623, 625 (Mo.App.1991). The meaning of the policy language in question is not doubtful nor uncertain and must be construed according to its plain meaning. Simply stated, Shelter’s policy provides liability coverage to Plaintiff for bodily injury and property damage which results from the use of the described auto or a non-owned auto.

A totally strained interpretation must be applied to achieve the result urged by Plaintiff. It is implausible to believe Shelter’s policy would afford protection from bodily injury claims resulting from the use of any auto, but limit protection against property damage claims to only those arising from the use of the “described auto or a non-owned auto.”

Perhaps anticipating our conclusion, Plaintiff argues an ambiguity in the policy still exists as to the meaning of “non-

*384 owned” automobile. With further reliance on Kromback, Plaintiff points to the rule that “[i]f there is a conflict between a technical definition and the meaning which would reasonably be understood by the average lay person, the lay person’s definition will be applied unless it plainly appears that the technical meaning is intended.” 785 S.W.2d at 731.

Pertinent definitions appear in the policy as follows:

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Bluebook (online)
857 S.W.2d 381, 1993 Mo. App. LEXIS 783, 1993 WL 160160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schuster-v-shelter-mutual-insurance-co-moctapp-1993.