Security Mutual Casualty Co. v. O'Brien

662 P.2d 639, 99 N.M. 638
CourtNew Mexico Supreme Court
DecidedMarch 30, 1983
Docket14492
StatusPublished
Cited by18 cases

This text of 662 P.2d 639 (Security Mutual Casualty Co. v. O'Brien) 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
Security Mutual Casualty Co. v. O'Brien, 662 P.2d 639, 99 N.M. 638 (N.M. 1983).

Opinion

OPINION

PAYNE, Chief Justice.

James F. O’Brien, owner of a private aircraft, obtained a declaratory judgment against Security Mutual Casualty Company, the insurer of his aircraft. The trial court held that the aviation insurance policies Security had issued O’Brien afforded coverage. Security appealed to the Court of Appeals, which affirmed the decision of the trial court. We granted certiorari and reverse the decisions of both courts below. Security raises several issues on appeal. However, we will limit our opinion to the dispositive issue of whether a causal connection between the exclusion and the accident is essential to a denial of coverage.

The facts of this case are not in dispute. In 1975, Security issued O’Brien two insurance policies which insured his aircraft. One policy provided coverage for the hull of the aircraft, the other provided liability coverage. The exclusion at issue in the hull policy specifically stated:

THIS POLICY DOES NOT APPLY: — * * * (d) while the aircraft is in flight, unless its Airworthiness Certificate is in full force and effect.

The exclusion at issue in the liability policy stated:

THIS POLICY DOES NOT APPLY: — * * * (2) While the Aircraft is in flight, unless its Airworthiness Certification is in full force and effect.

O’Brien leased the aircraft to Pegasus Aerial Sports. Thereafter, Pegasus rented the aircraft to Ellsworth. On July 14,1979, while piloting the aircraft in Albuquerque, Ellsworth collided with another plane. Security denied coverage based on the two exclusions set out above. Specifically, it claimed that the failure to perform a timely 1979 annual inspection on the aircraft terminated both the Airworthiness Certificate and Certification, and caused the insurance coverage to automatically lapse. Before trial, Security stipulated that there was no pre-crash malfunction of the aircraft. The courts below held that because there was no causal connection between the exclusion and the accident, Security could not deny coverage. We disagree and reverse the Court of Appeals holding that proof of a causal connection between the accident and the policy exclusion is required before coverage can be denied.

There appears to be a split of authority in jurisdictions which have passed on this question. Each of the parties on appeal has cited a number of cases from other jurisdictions that tend to support their respective positions. However, the significance of these cases is questionable because the issue before this Court is most appropriately resolved by resort to New Mexico law.

In Peterson v. Romero, 88 N.M. 483, 542 P.2d 434 (Ct.App.1975), the Court of Appeals held that a causal connection between a policy exclusion and an automobile accident did not have to be shown to deny coverage. In Peterson, an 18-year old boy was killed while driving a car rented to his father. The insurance provisions of the rental contract excluded coverage if the driver was not 21 years of age. The trial court held that because the decedent was under 21 years of age, no triable issue of material fact existed and summary judgment should be granted. In Peterson, the fact that decedent was 18 instead of 21 bore no causal relationship to the automobile accident. The appellate court specifically held that insurance coverage under the rental contract was properly denied because the “[cjausal connection between decedent’s age and the accident did not have to be shown.” Id. at 486, 542 P.2d 434. (Citations omitted.) Similarly, in the instant case, there is no causal connection between the lack of an effective Airworthiness Certificate or Certification and the cause of the airplane crash.

O’Brien attempts to refute Peterson by arguing the holding of Foundation Reserve Ins. Co. v. Esquibel, 94 N.M. 132, 607 P.2d 1150 (1980), which held that an insurer must show “substantial prejudice” before it can be relieved of its obligations under an insurance policy. Esquibel is easily distinguished from the instant case because it involved a “condition subsequent” rather than specific policy exclusions. The distinction between a “condition subsequent” and an exclusion is stated at 7 Couch on Insurance 2d (1961), Sec. 36.48:

A condition subsequent is to be distinguished from an exclusion from the coverage: the breach of the former is to terminate or suspend the insurance, while the effect of the latter is to declare that there never was insurance with respect to the excluded risk * * *.

We find this distinction to be determinative. Although “substantial prejudice” is relevant to condition subsequent clauses, it cannot be applied to specific policy exclusions. Sanchez v. Kemper Ins. Companies, 96 N.M. 466, 632 P.2d 343 (1981). Because the instant case involves policy exclusions, the issue of substantial prejudice is irrelevant, and Esquibel cannot apply. Thus, we hold that the Court of Appeals erred in applying Esquibel to the instant case.

Even if Peterson were not dispositive on the issue of causal connection in New Mexico, we would be persuaded by decisions from jurisdictions which have also permitted an insurer to deny coverage in aviation insurance policies even though the exclusion clause had no causal relationship with the accident. Hollywood Flying Service v. Compass Ins. Co., 597 F.2d 507 (5th Cir.1979); Bruce v. Lumberman’s Mutual Casualty Company, 222 F.2d 642 (4th Cir. 1955); Ochs v. Avemco Ins. Co., 54 Or.App. 768, 636 P.2d 421 (1981); Macalco, Inc. v. Gulf Ins. Co., 550 S.W.2d 883 (Mo.App.1977). We hold that a causal connection between an exclusion clause and an accident is not necessarily essential before coverage can be denied. In Glades Flying Club v. Americas Aviation & M. Ins. Co., 235 So.2d 18 (Fla.App.1970), a Florida court, faced with a similar set of facts and an identical policy exclusion, held that no causal connection was needed. The court stated:

An aircraft insurance policy may validly condition liability coverage on compliance with a governmental regulation and, while non-compliance with such a regulation continues, the insurance is suspended as if it had never been in force. There need be no causal connection between the non-compliance and the loss or injury. (Citations omitted.)

Id. at 20. To hold otherwise would allow courts to ignore the plain language of insurance policy exclusions whenever they feel an insurer should not be allowed to avoid liability for an accident unrelated to a policy exclusion.

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662 P.2d 639, 99 N.M. 638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/security-mutual-casualty-co-v-obrien-nm-1983.