Smith v. Prudential Property & Casualty Insurance

10 S.W.3d 846, 340 Ark. 335, 2000 Ark. LEXIS 56
CourtSupreme Court of Arkansas
DecidedFebruary 10, 2000
Docket99-378
StatusPublished
Cited by57 cases

This text of 10 S.W.3d 846 (Smith v. Prudential Property & Casualty Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Prudential Property & Casualty Insurance, 10 S.W.3d 846, 340 Ark. 335, 2000 Ark. LEXIS 56 (Ark. 2000).

Opinion

Tom GLAZE, Justice.

The court of appeals certified this case to us on the grounds that there is a perceived conflict in Arkansas insurance case law. The issue certified is whether, when an ambiguity exists in the terms of an insurance policy, that ambiguity is a question of law to be decided by the court or a question of fact for the fact-finder. Our court took jurisdiction under Ark. Sup. Ct. R. 1-2(b)(2) and (5) (1999).

The parties have stipulated to the relevant facts, agreeing that the primary issues depend upon the construction of clauses in insurance policies appellant Charles E. Smith obtained from appellee Prudential Property and Casualty Insurance Co. The parties agree that, when Smith was riding his motorcycle on December 19, 1997, Sylvia Midgett negligently pulled her car in front of Smith, colliding with Smith and causing him to sustain severe injuries and damages in excess of $300,000.00. Midgett had insurance coverage with limits of only $100,000.00, so Smith filed a claim under his underinsured motorist (UIM) coverage. While his motorcycle was uninsured, Smith had $100,000.00 UIM coverage each on his 1978 El Camino and 1988 Silverado. Smith claimed not only that his injuries were covered by his UIM policies, but also that he was entitled to stack his two policies in order to recover the total amount of $200,000.00 — an amount not covered by Midgett’s insurance.

Prudential denied Smith’s claims, stating that Smith had no insurance on his motorcycle and that he was not an insured under the UIM coverage clauses as defined in his policies. Prudential further countered that, even if he was an insured under his UIM coverage, Smith could not stack his two policies in order to collect the $200,000.00 in UIM coverage. At trial, Smith was the only witness, and his testimony was brief. In fact, Prudential never cross examined Smith, but instead moved for a directed verdict at the end of Smith’s testimony, reiterating its argument that Smith was not an insured and was not covered under his UIM policy provisions.

The trial court denied Prudential’s directed verdict motion, ruling that the terms defining an insured in Smith’s policies were at best ambiguous, and, therefore, presented a question of fact for the jury. The trial court further held that the language in Smith’s policies bearing on whether UIM coverage could be stacked was also ambiguous, and should be submitted as a fact question to the jury.

Smith also moved for a directed verdict, and in doing so, he agreed with the trial court that ambiguities existed in the policies. However, he disagreed with the trial court’s submitting the case to the jury, since it was his contention that, as a matter of law, that the trial court was obliged to interpret and adopt the UIM coverages in Smith’s favor. The trial court denied Smith’s motion, and submitted all issues to the jury.

The jury returned answers to interrogatories, finding Smith was not an insured under the UIM coverage provisions of his automobile policies, that Smith was not entided to stack his UIM policies, and he was not insured under the “additional car accident coverage” provisions of the policies. Accordingly, the trial court entered a judgment dismissing Smith’s complaint with prejudice, from which Smith brings this appeal.

First, we point out that both Smith and Prudential initially contended below that the UIM coverage clauses contained in Smith’s policies are unambiguous. Smith, on the one hand, asserted he was clearly an insured for UIM coverage purposes in these circumstances, and Prudential, on the other hand, contended Smith was not covered as an insured under the policies’ terms. The trial court rejected the parties’ respective contentions, and we believe it did so correctly; the trial court, after studying the policy UIM coverage terms, found the language ambiguous. While we believe the trial court was right in finding that an ambiguity exists, we ultimately disagree with the trial court’s ruling that the ambiguity was a question of fact, which must be submitted to the jury.

In reaching its conclusion that it was ambiguous as to whether Smith was covered for UIM purposes, the trial court examined Smith’s policies. On page 5 of Part 5, captioned “Underinsured Motorists. . . If You Are Hit By A Motor Vehicle That Is Underinsured,” the following relevant language appears:

OUR OBLIGATIONS TO YOU (PART 5)
UNDERINSURED MOTORISTS BODILY INJURY COVERAGE
UNDERINSURED MOTORISTS PROPERTY DAMAGE COVERAGE
If you have these coverages (see the Declarations), we will pay up to our limit of liability for bodily injury or property damage that is covered under this part when an insured (whether or not occupying a car) or an insured’s car is struck by an underinsured motor vehicle. [Italics supplied.] Our payment is based on the amount than an insured is legally entitled to recover for bodily injury or property damage because:
* THE OWNER OR DRIVER IS UNDERINSURED
The owner or driver responsible for the accident has liability insurance or a liability bond in an amount that is less than the limits shown for this coverage on the Declaration.

The trial court determined that, under the above clause, Smith was an insured and entitled to his UIM coverage limits whether or not he was occupying a car when he was struck by an underinsured motorist. In other words, Smith was covered under the terms of the above UIM provisions when he was riding a motorcycle, not a car, when Midgett’s car hit Smith. Furthermore, the trial court read the definition section of Smith’s policies where it defined the term YOU to mean the person shown as the named insured on the Declarations of this policy. Unquestionably, Smith was the named insured in the Declaration issued with his automobile policies.

However, Prudential contended below that, under other UIM policy language, Smith was not an “insured.” In this connection, the trial court studied the UIM language on page 6 of Part 5 of Smith’s policies relied on by Prudential. That language reads as follows:

WHO IS INSURED (PART 5)
IN YOUR CAR (INCLUDES A SUBSTITUTE CAR)
You and a resident relative are insured while using your car or a substitute car covered under this part.
Other people are insured while using your car as a substitute car covered under this part if you give them permission to use it. They must use the car in the way you intended.
IN A NON-OWNED CAR
You and a resident relative are insured while using a non-owned car. The owner must give permission to use it. It must be used in the way intended by the owner.
HIT BY A MOTOR VEHICLE
You and a resident relative are insured if hit by an underinsured motor vehicle while a pedestrian.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bob Robison Commercial Floor v. RLI Insurance Company
131 F.4th 832 (Eighth Circuit, 2025)
Smith v. Orsbun
2024 Ark. App. 330 (Court of Appeals of Arkansas, 2024)
Pacific Life Insurance Company v. Katie Blevins
92 F.4th 734 (Eighth Circuit, 2024)
Wilkins v. Simmons Bank
E.D. Arkansas, 2023
Mark Crockett and MacOn Carter v. Shelter Mutual Insurance Company
2019 Ark. 365 (Supreme Court of Arkansas, 2019)
Murphy Oil Corp. v. Liberty Mut. Fire Ins. Co.
357 F. Supp. 3d 791 (S.D. New York, 2019)
Scottsdale Insurance Co. v. Morrow Land Valley Co.
2012 Ark. 247 (Supreme Court of Arkansas, 2012)
Philadelphia Indemnity Insurance Co. v. Austin
2011 Ark. 283 (Supreme Court of Arkansas, 2011)
George's Inc. v. Allianz Global Risks U.S. Insurance
596 F.3d 989 (Eighth Circuit, 2010)
Bull Motor Co. v. Murphy
270 S.W.3d 350 (Court of Appeals of Arkansas, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
10 S.W.3d 846, 340 Ark. 335, 2000 Ark. LEXIS 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-prudential-property-casualty-insurance-ark-2000.