Sheets v. Brethren Mutual Insurance

679 A.2d 540, 342 Md. 634, 58 A.L.R. 5th 883, 1996 Md. LEXIS 72
CourtCourt of Appeals of Maryland
DecidedJuly 26, 1996
Docket47, Sept. Term, 1995
StatusPublished
Cited by137 cases

This text of 679 A.2d 540 (Sheets v. Brethren Mutual Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sheets v. Brethren Mutual Insurance, 679 A.2d 540, 342 Md. 634, 58 A.L.R. 5th 883, 1996 Md. LEXIS 72 (Md. 1996).

Opinions

CHASANOW, Judge.

We are called upon in the instant case to determine whether the trial court was correct in granting an insurer’s motion for summary judgment on the basis that it had no duty to defend or indemnify its insured against a claim of negligent misrepre[637]*637sentation in the sale of property. We hold that because the insurer did owe a duty to defend its insured, the trial court erroneously granted the insurer’s motion for summary judgment. We therefore reverse and remand the case to the trial judge to enter summary judgment in favor of the insured.

I.

We are asked to review a declaratory judgment action to determine whether The Brethren Mutual Insurance Company (Brethren) owed a duty to defend or indemnify its insured in a tort suit brought against the insured. The underlying lawsuit was instituted by Frits M. Christensen and Helene S. Christensen (the Christensens) in the Circuit Court for Frederick County against Appellants, Robert T. Sheets, Jr. and his wife, Joyce A. Sheets (the Sheetses). The suit alleged that the Sheetses both intentionally1 and negligently misrepresented that the septic system at their farmhouse was in “good working condition” before selling the property to the Christen-sens. The suit alleged that, as a result of the misrepresentation, the Christensens purchased the farm several weeks later, and moved in with their nine children. Approximately three weeks after the Christensens took possession of the property, the septic system began leaking and effluent flooded the walk area. The Frederick County Health Department condemned the septic system, and therefore, the Christensens had to replace the system at a cost in excess of $12,000.

In essence, the Christensens’ complaint alleged that the failure of the septic system was attributed to the Sheetses’ misrepresentations that it was in “good working condition” because, had it not been for those misrepresentations, the Christensens, whose family was too large for the system to operate properly, would not have moved into the house. The Sheetses notified Brethren, their insurance carrier, of the [638]*638lawsuit and requested that Brethren defend and indemnify them pursuant to the terms of a farm owner’s general liability policy that the Sheetses purchased from Brethren. Brethren refused to do so, claiming that the Sheetses’ policy did not cover misrepresentation torts.

The Sheetses then sought a declaratory judgment against Brethren in the Circuit Court for Frederick County asking the court to compel Brethren to defend and indemnify them in the lawsuit against the Christensens. Both parties filed cross-motions for summary judgment asserting that no genuine dispute existed as to any material fact. The court granted Brethren’s motion for summary judgment and denied the Sheetses’ motion. The Sheetses appealed to the Court of Special Appeals. Before our intermediate appellate court considered the case, we issued a writ of certiorari on our own motion. While the appeal was pending, the Christensens’ .lawsuit against the Sheetses settled.

II.

Preliminarily, we note that since there is no information in the record concerning the settlement of the Christensens’ suit against the Sheetses, we have no indication of how damages were calculated or whether the suit was settled on grounds of intentional or negligent misrepresentation. Hence, we can not determine whether Brethren would have a duty to indemnify the Sheetses. Consequently, we will discuss only Brethren’s duty to defend and not its duty to indemnify.

III.

In granting a motion for summary judgment, the trial court does not resolve factual disputes, but is instead limited to ruling as a matter of law. Heat & Power v. Air Products, 320 Md. 584, 591, 578 A.2d 1202, 1205 (1990). The standard for appellate review of a trial court’s grant or denial of a summary judgment motion is whether the trial court was legally correct. Heat & Power, 320 Md. at 592, 578 A.2d at 1206. Hence, we must assume that the facts in the Christen[639]*639sens’ complaint are true and examine whether the trial court was legally correct in holding that Brethren did not have a duty to defend the Sheetses against the Christensens’ claim for negligent misrepresentation.

In Brohawn v. Transamerica Ins. Co., 276 Md. 396, 407-08, 347 A.2d 842, 850 (1975), this Court held that if plaintiffs in a tort suit allege a claim against an insured that is potentially covered by the insurance policy, the insurer is obligated to defend the insured. In a recent decision reviewing the scope of a liability insurer’s duty to defend an insured, we had occasion to reaffirm this common law rule. Aetna v. Cochran, 337 Md. 98, 102, 651 A.2d 859, 861 (1995). We then stated in Cochran:

“To ascertain when an insurer is under a duty to defend an insured in accordance with Brohawn, this Court, in St. Paul Fire & Mar. Ins. [] v. Pryseski, 292 Md. 187, 438 A.2d 282 (1981), articulated the following two-part inquiry:
‘In determining whether a liability insurer has a duty to provide its insured with a defense in a tort suit, two types of questions ordinarily must be answered: (1) what is the coverage and what are the defenses under the terms and requirements of the insurance policy? (2) do the allegations in the tort action potentially bring the tort claim within the policy’s coverage? The first question focuses upon the language and requirements of the policy, and the second question focuses upon the allegations of the tort suit.’
292 Md. at 193, 438 A.2d at 285. To answer these two inquiries as they pertain to the facts of the instant case, we must ascertain the scope and limitations of coverage under the ... insurance policies and then determine whether the allegations in the [underlying tort] action would potentially be covered under those policies.”

[640]*640337 Md. 103-04, 651 A.2d at 862.2

In applying the Pryseski two-step analysis to the instant case, we first turn to the language of the Brethren insurance policy to determine the scope and limitations of the coverage. See Cochran, 337 Md. at 104, 651 A.2d at 862. In analyzing the policy, we utilize our rules of construction regarding insurance contracts. As we recently stated in Sullins v. Allstate Ins. Co., 340 Md. 503, 667 A.2d 617 (1995):

“In Maryland, insurance policies, like other contracts, are construed as a whole to determine the parties’ intentions. Words are given their ‘customary, ordinary, and accepted meaning,’ unless there is an indication that the parties intended to use the words in a technical sense. ‘A word’s ordinary signification is tested by what meaning a reasonably prudent layperson would attach to the term.’ ” (Citations omitted).

340 Md. at 508, 667 A.2d at 619.

The farm owner’s general liability insurance policy (the policy) issued by Brethren provides coverage for bodily injury and property damage liability.

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Cite This Page — Counsel Stack

Bluebook (online)
679 A.2d 540, 342 Md. 634, 58 A.L.R. 5th 883, 1996 Md. LEXIS 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheets-v-brethren-mutual-insurance-md-1996.