State Farm Mutual Automobile Ins. v. Libby

655 A.2d 880, 1995 Me. LEXIS 51
CourtSupreme Judicial Court of Maine
DecidedMarch 9, 1995
StatusPublished
Cited by4 cases

This text of 655 A.2d 880 (State Farm Mutual Automobile Ins. v. Libby) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Farm Mutual Automobile Ins. v. Libby, 655 A.2d 880, 1995 Me. LEXIS 51 (Me. 1995).

Opinions

RUDMAN, Justice.

Philip A. Zukatis appeals from a summary judgment entered in the Superior Court (York County, Fritzsche, J.) declaring that State Farm Mutual Automobile Ins. Co. (“State Farm”) has no duty to defend or indemnify Thomas Libby or Dorothea Dube for claims resulting from an automobile accident in which Zukatis was injured. Zukatis contends that Libby made a premium payment by placing a check in the mail five hours before the cancellation deadline. Even if Libby did mail a check in payment of the policy premium before the cancellation deadline, he could have had no expectation that his policy would be in force on the day of the accident, given the parties’ prior course of dealing and the clear language of the contract. We affirm the judgment.

In December, 1990, Thomas Libby arranged to insure his commercial van with State Farm from January 24,1991 until July 24, 1991. Libby paid half of the required premium before the effective date of coverage. The policy obligated him to pay the balance of the premium sixty days later, or by March 25, 1991. Libby finally deposited the second payment in the mail on Saturday, May 11, 1991 at 7:00 p.m.

State Farm had sent a cancellation notice to Libby on April 26, stating in part: “We have not received the full amount required to keep this policy in force so in accordance with its cancellation provisions your policy identified in this notice is hereby cancelled effective 12:01 A.M. standard time May 12, [19]91 due to non-payment of the premium. No further notice will be sent to you.”

Libby had insured vehicles with State Farm in the past, and habitually waited until the last minute to deposit his premium payments in the mail. Libby had received in return “Reinstatement Notices,” informing him that his coverage had lapsed and been [882]*882reinstated, with no coverage between the date of cancellation and the date of reinstatement. Libby admitted receiving the notices, but said he believed he was covered despite the plain language, because the company never reduced his premiums to reflect the dates during which he had no coverage. The reinstatement notice belies this, providing as it does a policy credit to reflect the two days that Libby’s vehicle was not covered.

On Sunday afternoon, May 12, Dube, an employee of Libby, drove Libby’s van into Philip Zukatis as Zukatis was riding his bicycle. State Farm denied coverage based on Libby’s non-payment of the premium, but undertook to defend Libby while reserving its rights to contest its liability, and brought this declaratory judgment action to determine its responsibility for coverage on the date of the accident. The court initially denied State Farm’s motion for summary judgment, but granted the renewed motion.

The parties’ reasonable expectations

The parties vigorously argue general rules as to what constitutes payment. Whether Libby made payment by placing his check in the mail on Saturday evening is irrelevant in the instant case, however. In Maine the issue is what the insured’s objectively reasonable expectations should be, based on the language of the policy. Baybutt Constr. Corp. v. Commercial Union Ins. Co., 455 A.2d 914, 921 (Me.1983). The language of the policy and cancellation notice require that the insured “make payment” prior to the time of cancellation. While the policy language might qualify as ambiguous, State Farm’s response to previous late payments resolved any possibility of ambiguity. Libby acknowledged receiving notices, after remitting a late payment, informing him that his coverage had been reinstated subject to a lapse in coverage between the time of cancellation and the date of reinstatement. Libby could not reasonably expect to be covered on Sunday, May 12, the day of the accident, when he had mailed his payment the night before.

Sunday cancellation

Zukatis further argues that State Farm could not cancel the policy on a Sunday. The Maine Automobile Cancellation Control Act requires that insurers provide an insured with at least ten days notice prior to cancellation. 24-A M.R.S.A. § 2915 (1990).1 Zukatis contends that the general rule of time computation, as provided in M.R.Civ.P. 6(a)2, and as cited in Valley Forge Ins. Co. v. Concord Group Ins. Co., 623 A.2d 163, 164 (Me.1993), applies in the instant case to delay the effective date of cancellation to 12:01 a.m. on Tuesday, May 14 (Monday would be the last day available to Libby to make payment).

While we did refer to Rule 6(a) as support for applying the general computation rule to Valley Forge, we did so to answer the narrower question whether the statutorily prescribed ten-day notice period should be read to require ten full days, rather than nine full days with cancellation occurring at the beginning of the tenth day. Applying the basic principle of excluding the first day and including the last allows consistency in the computation of these periods, and is consistent with general practice. 17 George J. Couch, et al., Couch on Insurance 2d § 67:162 (Rev. ed. 1983). Valley Forge did not endorse the wholesale application of Rule 6(a) to section 2915. “The plaintiffs argue that the [mailing] period of section 2915 must [883]*883not end on a Sunday or legal holiday when no mail is delivered. We need not decide that question, however, because a cancellation notice received on January 1 could not properly be effective until January 12.” Valley Forge Ins. Co. v. Concord Group Ins. Co., 623 A.2d at 164. We decide here that our statutory authority to prescribe rules, 4 M.R.S.A. § 8 (1989), the language of Rule 6(a), and the legislatively imposed rule of construction, 1 M.R.S A. § 71(12) (1989), preclude our applying Rule 6(a) to extend the effective cancellation date in the instant case.

Rule 6(a) applies to the computation of “any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute.... For the rule to apply in the instant case, section 2915 must be an “applicable statute.” The “applicable statutes” contemplated by Rule 6(a) are “those concerned with procedural matters.” Bellegarde Custom Kitchens v. Leavitt, 295 A.2d 909, 911 (Me.1972) (finding the right to enforce a materialman’s lien to be substantive in nature and thus not applying Rule 6(a)).

In response to our decision in Bellegarde, the Legislature considered amendments to the rules of construction, 1 M.R.S.A. § 71, pertaining to statutory time periods. The initial proposal would have applied Rule 6(a) to any statutory time period: “The running of statutory time periods shall be governed by and computed under Rule 6 of the Maine Rules of Civil Procedure, or other provisions governing time computations as shall be promulgated by the Maine Supreme Judicial Court.” L.D. 241 (106th Legis.1973). The Statement of Fact following this proposed amendment read:

The purpose of this Act is to insure that any statute in which there is a running of time period is governed as to the method of computing that time by Rule 6, Maine Rules of Civil Procedure, or other provisions which may be promulgated in the future.

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State Farm Mutual Automobile Ins. v. Libby
655 A.2d 880 (Supreme Judicial Court of Maine, 1995)

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Bluebook (online)
655 A.2d 880, 1995 Me. LEXIS 51, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-ins-v-libby-me-1995.