State Farm Fire & Casualty Co. v. Paulson

756 P.2d 764, 1988 Wyo. LEXIS 86, 1988 WL 55305
CourtWyoming Supreme Court
DecidedJune 3, 1988
Docket87-259, 87-260
StatusPublished
Cited by52 cases

This text of 756 P.2d 764 (State Farm Fire & Casualty Co. v. Paulson) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Farm Fire & Casualty Co. v. Paulson, 756 P.2d 764, 1988 Wyo. LEXIS 86, 1988 WL 55305 (Wyo. 1988).

Opinions

ROONEY, Retired Justice.

This appeal in Case No. 87-259, by State Farm Fire and Casualty company (hereafter referred to as “appellant”) is from a judgment entered against appellant after a non-jury trial declaring that an insurance policy issued to Herb J. Paulson (hereafter referred to as “appellee”) covered damage resulting from the entrance of water and hail into the basement of appellee’s house after a severe storm. The basic issue presented on appeal is whether or not the trial court erred in declaring the existence of such coverage.

We reverse.

Uncontroverted are the facts that hail, followed by hail and rain, fell in Cheyenne on August 1, 1985; that the storm was severe; that hail broke sections of three basement windows on the east side of ap-pellee’s residence in Cheyenne; that water and hail, which were generated within a few blocks of the residence (a 62-acre drainage area), entered the basement through the windows; that the high water line was several inches above the basement and water completely filled the basement; that less water would have entered had the windows not been broken; and that the policy in question was in force at the time and provided in pertinent part:

“SECTION 1 — LOSSES INSURED
“COVERAGE A — DWELLING
“We insure for accidental direct physical loss to the property described in Coverage A except as provided in SECTION I-LOSSES NOT INSURED.
“COVERAGE B — PERSONAL PROPERTY
“We insure for accidental direct physical loss to property described in Coverage B [765]*765caused by the following perils except as provided in SECTION I-LOSSES NOT INSURED:
******
“2. Windstorm or hail. This peril does not include loss to property contained in a building caused by rain, snow, sleet, sand or dust. This limitation does not apply when the direct force of wind or hail damages the building causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening.
******
“11. Weight of ice, snow or sleet which causes damage to property contained in a building.
******
“SECTION I — LOSSES NOT INSURED ******
“2. We do not insure under any coverage for loss (including collapse of an insured building or part of a building) which would not have occurred in the absence of one or more of the following excluded events. We do not insure for such loss regardless of: a) the cause of the excluded event; or b) other causes of the loss; or c) whether other causes acted concurrently or in any sequence with the excluded event to produce the loss: ******
“c. Water Damage, meaning:
“(1) flood, surface water, waves, tidal water, overflow of a body of water, or spray from any of these, whether or not driven by wind.”

An insurance policy is a contract (§ 26-15-101 et seq., W.S.1977).

“A policy of insurance is a contract between the insurer and the insured and construed in the same way. Worthington v. State, Wyo., 598 P.2d 796 (1979); State Farm Mutual Automobile Insurance Co. v. Farmer’s Insurance Group, Wyo., 569 P.2d 1260 (1977). When terms of a contract are shown without any conflict of evidence, interpretation of a contract becomes a question of law for the court. Engle v. First National Bank of Chugwater, Wyo., 590 P.2d 826 (1979). Paraphrased, and as said approvingly from a quote in Horvath v. Sheridan-Wyoming Coal Co., 58 Wyo. 211, 131 P.2d 315 (1942), the interpretation of a written contract is a question of law for the court; but where the terms of a contract are conflicting or doubtful, it is for the jury to ascertain the intention of the parties and determine what the contract was under proper instructions. The interpretation and construction of a contract are done by the court as a matter of law. Amoco Production Co. v. Stauffer Chemical Company of Wyoming, Wyo., 612 P.2d 463 (1980). See also, Goodman v. Kelly, Wyo., 390 P.2d 244 (1964).” Hursh Agency, Inc. v. Wigwam Homes, Inc., Wyo., 664 P.2d 27, 31 (1983).

The only exception to construing insurance contracts as other contracts are construed is the requirement that ambiguous language in an insurance contract is to be liberally construed in favor of the insured.

“When there are any ambiguities or uncertainties in the meaning of the language used in a policy, they must be strictly construed against the insurer who drafted the contract. Wilson v. Hawkeye Casualty Co., 67 Wyo. 141, 215 P.2d 867, 874-875 (1950). However, if the language is clear and unambiguous, there is no room for the court to resort to a strict construction against the insurer, and the insurance policy must be interpreted according to the ordinary and the usual meaning of its terms. McKay v. Equitable Assurance Society of U.S., [Wyo., 421 P.2d 166,] 168 [(1966)]; Addison v. Aetna Life Insurance Company, Wyo., 358 P.2d 948, 950 (1961); Coit v. Jefferson Standard Life Ins. Co., 28 Cal.2d 1, 168 P.2d 163, 169-170 (1946); Ostendorf v. Arrow Insurance Company, [288 Minn. 491], 182 N.W.2d [190,] 192 [(1970)].” Worthington v. State, Wyo., 598 P.2d 796, 806 (1979).

The basic considerations for construing a contract are summarized in Amoco Production Company v. Stauffer [766]*766Chemical Company of Wyoming, Wyo., 612 P.2d 463, 465 (1980):

“Our basic purpose in construing or interpreting a contract is to determine the intention and understanding of the parties. Fuchs v. Goe, 62 Wyo. 134, 163 P.2d 783 (1945); Shellhart v. Axford, Wyo., 485 P.2d 1031 (1971); Oregon Short Line Railroad Company v. Idaho Stockyards Company, 12 Utah 2d 205, 364 P.2d 826 (1961). If the contract is in writing and the language is clear and unambiguous, the intention is to be secured from the words of the contract. Pilcher v. Hamm, Wyo., 351 P.2d 1041 (1960); Fuchs v. Goe, supra; Hollabaugh v. Kolbet, Wyo., 604 P.2d 1359 (1980); Wyoming Bank and Trust Company v. Waugh, Wyo., 606 P.2d 725 (1980). And the contract as a whole should be considered, with each part being read in light of all other parts. Shepard v. Top Hat Land & Cattle Co., Wyo., 560 P.2d 730 (1977); Rossi v. Percifield, Wyo., 527 P.2d 819 (1974); Shellhart v. Axford, supra; Quin Blair Enterprises, Inc. v. Julien Construction Company, Wyo., 597 P.2d 945 (1979). The interpretation and construction is done by the court as a matter of law. Hollabaugh v. Kolbet, supra; Bulis v. Wells,

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Cite This Page — Counsel Stack

Bluebook (online)
756 P.2d 764, 1988 Wyo. LEXIS 86, 1988 WL 55305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-fire-casualty-co-v-paulson-wyo-1988.