State Farm Mut. Auto. Ins. v. Universal Underwriters Ins.

797 So. 2d 981, 2001 Miss. LEXIS 265, 2001 WL 1198972
CourtMississippi Supreme Court
DecidedOctober 11, 2001
Docket1999-CA-01685-SCT
StatusPublished
Cited by21 cases

This text of 797 So. 2d 981 (State Farm Mut. Auto. Ins. v. Universal Underwriters Ins.) is published on Counsel Stack Legal Research, covering Mississippi 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 Mut. Auto. Ins. v. Universal Underwriters Ins., 797 So. 2d 981, 2001 Miss. LEXIS 265, 2001 WL 1198972 (Mich. 2001).

Opinion

797 So.2d 981 (2001)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
v.
UNIVERSAL UNDERWRITERS INSURANCE COMPANY.

No. 1999-CA-01685-SCT.

Supreme Court of Mississippi.

October 11, 2001.

*982 Peter C. Abide, James N. Compton, Biloxi, for Appellant.

Susan Latham Steffey, Jackson, for Appellee.

Before BANKS, P.J., SMITH and MILLS, JJ.

BANKS, Presiding Justice, for the Court:

¶ 1. This liability insurance coverage dispute between two insurers presents the issue of whether a car dealership's garage keeper policy provides primary coverage for a permissive user despite the fact that the policy on its face does not extend coverage beyond certain designated operators and anyone else "required by law to be an insured." Because we conclude that the language in the policy clearly and unambiguously limits policy coverage and the Motor Vehicle Safety Responsibility Law does not mandate coverage, we affirm the judgment of the trial court finding no coverage.

I.

¶ 2. In November 1996, Turan-Foley Chevrolet-Buick-Geo, Inc. ("Turan-Foley") loaned a vehicle to Carl Fitzgerald ("Fitzgerald") while Fitzgerald's vehicle was being repaired at the car dealership. Fitzgerald hit another car while returning to the dealership. The injured party submitted a claim against Fitzgerald for property damage and personal injuries. At the time of the accident, Fitzgerald was insured under an automobile policy with State Farm Mutual Automobile Insurance Company (State Farm). Universal Underwriters Insurance Company (Universal) insured Turan-Foley. State Farm settled the claim with the injured party. Universal denied coverage to Fitzgerald asserting that he was not insured under Universal's policy with Turan-Foley.

¶ 3. State Farm filed a motion for declaratory judgment against Universal alleging that Universal had a primary duty to defend Fitzgerald. Universal moved for summary judgment contending as a matter of law, the Universal Policy excluded Fitzgerald from coverage. In turn, State Farm filed a cross-motion for summary judgment arguing that the relief sought in its declaratory judgment action should be granted. In September 1999, the Circuit Court Judge granted the summary judgment motion of Universal. State Farm appeals to this Court for relief from this judgment.

*983 II.

¶ 4. Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Miss. R. Civ. P. 56. On appeal, this Court reviews an order granting summary judgment de novo. Mosby v. Moore, 716 So.2d 551, 557 (Miss.1998).

a.

¶ 5. The section of the Universal policy at issue is Unicover Coverage, Part 500 which is titled "Garage Operations and Auto Hazard." The provisions relevant to the facts of this case provide:

WE will pay all sums the Insured legally must pay as DAMAGES ... because of INJURY to which this insurance applies caused by an OCCURRENCE arising out of GARAGE OPERATIONS and AUTO HAZARDS
* * *
"AUTO HAZARD" means the ownership, maintenance, or use of any AUTO YOU own or which is in YOUR care, custody or control and:
(1) used for the purpose of GARAGE OPERATIONS;
(2) used principally in GARAGE OPERATIONS with occasional use for other business or nonbusiness purposes;
(3) furnished for the use of any person or organization.
* * *
WHO IS AN INSURED—
* * *
With respect to the AUTO HAZARD:
(1) YOU;
(2) Any of YOUR partners, paid employees, directors, stockholders, executive officers, a member of their household or a member of YOUR household, while using an AUTO covered by this Coverage Part, or when legally responsible for its use. The actual use of the AUTO must be by YOU or within the scope of YOUR permission;
(3) any CONTRACT DRIVER:
(4) Any other person or organization required by law to be an INSURED while using an AUTO covered by this Coverage Part within the scope of your PERMISSION.

¶ 6. It is well-established law in Mississippi that a liability insurance policy covering the vehicle involved in an accident provides primary coverage. Travelers Indem. Co. v. Chappell, 246 So.2d 498, 505-06 (Miss.1971). Accord, State Farm Mut. Auto. Ins. Co. v. Universal Underwriters Ins. Co., 601 F.Supp. 286, 289-90 (S.D.Miss.1984); Garriga v. Nationwide Mut. Ins. Co., 813 F.Supp. 457 (S.D.Miss. 1993). Because it is undisputed that Turan-Foley was the owner of the vehicle involved in the accident and Universal insures Turan-Foley it follows, State Farm posits, that Universal is the primary carrier.

¶ 7. This argument is without merit. State Farm cites to Travelers for the proposition that the insurer of the vehicle involved in the accident is the primary carrier. In Travelers, this Court established that: "[T]he rule is: the policy of the owner of the vehicle involved in the accident is ordinarily considered to be the `primary policy.'" Travelers, 246 So.2d at 505 (emphasis added). The policy in Travelers and, thus, the stated rule, is distinguishable from the instant case.

*984 ¶ 8. In Travelers, while the underlying plaintiff's car was being repaired, the service center loaned her a car. Travelers, 246 So.2d at 499. She collided with another car while driving the loaner vehicle. Id. The underlying defendant served State Farm, the underlying plaintiff's carrier, and Travelers, the insurer of the service center. Id. Each policy contained an "escape" clause relieving it of liability in the event the insured had "other insurance" covering the liability.[1]Id. at 500. The trial court entered a judgment prorating the liability of each insurer and all the parties appealed. Id. The parties appealed to this Court. Id.

¶ 9. The Travelers Court recognized the difficulty in reconciling an insurer's "liability but for other insurance" clauses in automobile policies when both policies contained escape and excess clauses. Id. at 504. It began by holding that the escape clauses found in the two policies were "repugnant and nugatory" and concluded that the two excess clauses were not applicable. Id. Because the Court eliminated the excess and escape policies, it proceeded by considering the remaining apportionment clauses in each policy. Id. at 505. The Court concluded that both of the policies were liable and determined that the owner of the vehicle involved in the accident had the primary policy and the customer had the excess policy. Id. at 505. Travelers also noted that this Court had previously held that the garage policy was the primary policy in a similar case dealing with excess v. escape clauses. Id. (citing International Serv. Ins. Co. v. Ballard, 216 So.2d 535 (Miss.1968)).

¶ 10. In the instant case, the question presented does not involve the question of coverage with two policies containing an escape clause or an excess clause. Nor does either insurer contend that it has no liability or limited liability due to an escape clause or an excess coverage clause.

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

Related

Byrd & Associates PLLC v. Evanston Insurance
367 F. App'x 550 (Fifth Circuit, 2010)
Universal Underwriters Group v. State Farm
931 So. 2d 617 (Court of Appeals of Mississippi, 2005)
Prime Rx, LLC v. McKendree, Inc.
917 So. 2d 791 (Mississippi Supreme Court, 2005)
Ferrara v. Walters
919 So. 2d 876 (Mississippi Supreme Court, 2005)
Blakely v. State Farm Mutual Automobile Insurance
406 F.3d 747 (Fifth Circuit, 2005)
Harrison v. RR Morrison & Son, Inc.
862 So. 2d 1065 (Louisiana Court of Appeal, 2003)
Christopher A. Ferrara v. Nancy S. Walters
Mississippi Supreme Court, 2003
Allred v. Yarborough
843 So. 2d 727 (Mississippi Supreme Court, 2003)
Clarendon National Insurance Co. v. McAllister
837 So. 2d 779 (Court of Appeals of Mississippi, 2003)
USF&G CO. v. John Deere Ins. Co.
830 So. 2d 1145 (Mississippi Supreme Court, 2002)
DeBlanc v. Stancil
814 So. 2d 796 (Mississippi Supreme Court, 2002)
Lori Allred v. Stephen M. Yarborough
Mississippi Supreme Court, 2000
Gail Lofton DeBlanc v. Mable Lofton Stancil
Mississippi Supreme Court, 1999

Cite This Page — Counsel Stack

Bluebook (online)
797 So. 2d 981, 2001 Miss. LEXIS 265, 2001 WL 1198972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mut-auto-ins-v-universal-underwriters-ins-miss-2001.