State Farm Mutual Automobile Insurance Co. v. Baldwin

373 S.W.3d 424, 2012 WL 3631393, 2012 Ky. LEXIS 105
Kentucky Supreme Court·Decided August 23, 2012·No. Nos. 2010-SC-000144-DG, 2010-SC-000665-DG·Published·Cited by 2 cases

Opinions

Opinion of the Court by

Chief Justice MINTON.

James Baldwin and Ronda Reynolds allegedly sustained injuries in separate highway incidents after objects came loose from unidentified vehicles and collided with their vehicles. A large piece of plastic sheeting flew from an unknown truck and wrapped itself on the front of Bald[427] win’s vehicle.1 And, in Reynolds’s case, a sheet of ice broke free from an unknown tractor-trailer and struck her vehicle. Both Baldwin and Reynolds sought uninsured motorist (UM) coverage for hit-and-run accidents through their automobile insurance policies. Baldwin’s State Farm policy provides coverage when an uninsured motor vehicle “strikes” the insured vehicle. And Reynolds’s Safeco policy covers damages when an uninsured motor vehicle “hits” the insured vehicle.

We accepted discretionary review in these consolidated automobile insurance cases to focus upon the limited question of whether Baldwin’s and Reynolds’s accidents satisfy the impact requirements contained in the UM clauses of their insurance policies. This is a contract issue, which turns on the terms of the specific insurance policies.

Generally, terms in insurance contracts are “interpreted according to the usage of the average man”; and uncertainties and ambiguities are resolved in favor of the insured.2 But this

does not mean that every doubt must be resolved against it and does not interfere with the rule that the policy must receive a reasonable interpretation consistent with ... the plain meaning and/or language in the contract. When the terms of an insurance contract are unambiguous and not Unreasonable, they will be enforced.3

We hold that the “strike” and “hit” requirements in State Farm’s and Safeco’s UM clauses are satisfied if the uninsured vehicle, or an integral part of it, makes physical contact with the insured’s vehicle; or if the uninsured vehicle exerts force upon an intermediate object, which then makes physical contact with the insured’s vehicle in a chain-reaction accident.

Here, neither the uninsured vehicles nor integral parts of them struck or hit Baldwin’s or Reynolds’s vehicles. Nor did the uninsured vehicles cause the tarpaulin or ice to strike or hit the insured vehicles by exerting force upon them. So the impact requirements in the UM clauses of Baldwin’s and Reynolds’s insurance policies are not met. Because the physical impact condition is a reasonable requirement that insurers use to limit fraud, we will enforce the terms of insurance policies in accordance with their plain meaning.

I. FACTUAL AND PROCEDURAL HISTORY.

A. Baldwin.

Baldwin drove his truck on an interstate highway in Kentucky. He alleges that an unknown driver in a flatbed truck was traveling immediately in front of him with a large plastic tarpaulin hanging from the back of the truck’s trailer. In his deposition, Baldwin indicated that he believed it was the plastic used in the bottom of the trailer on which to load the freight. The tarpaulin flew from the flatbed truck, catching upon Baldwin’s vehicle and wrapping itself on the left-hand side of his truck from the front to the driver’s side door and the steps. Baldwin drove to the next truck stop to remove the tarpaulin from his vehicle. As he was dismounting from his vehicle, Baldwin alleges that he slipped [428] and fell on the tarpaulin, injuring his back. Baldwin sought UM insurance coverage through his own State Farm Mutual Automobile Insurance Company policy, claiming that his injuries were the result of a hit-and-run accident with an unknown driver. State Farm denied coverage, and Baldwin brought this lawsuit.

The trial court granted State Farm’s summary judgment motion. The Court of Appeals reversed the trial court’s decision, remanding the case for further proceedings. The Court of Appeals held that “any part of the vehicle, including an object coming off a vehicle, which then impacts the insured’s vehicle, satisfies the ‘strike’ requirement of the UM policy.” Accordingly, the Court of Appeals found that the tarpaulin that flew off the unknown motorist’s trailer struck Baldwin’s vehicle, as required by the UM clause in his insurance policy with State Farm.

We granted discretionary review of the Baldwin case, and we reverse the decision of the Court of Appeals because the trial court properly granted State Farm’s motion for summary judgment.

B. Reynolds.

Reynolds was driving on an interstate highway in Kentucky when a large sheet of ice dislodged from a tractor-trailer and struck her vehicle, injuring her and damaging her vehicle. Reynolds attempted to secure compensation for her damages through the UM coverage in her insurance policy with Safeco Insurance Company of Illinois. Safeco denied her claim, and Reynolds brought suit.

The trial court granted summary judgment in favor of Safeco. On review, the Court of Appeals affirmed the trial court’s decision. The court found that because the ice was not intentionally affixed to the vehicle, like the tarpaulin in Baldwin’s case, the uninsured vehicle did not “hit” the Reynolds’s vehicle as required by the UM clause.

We granted discretionary review of the Reynolds case and consolidated it with Baldwin’s appeal. We now affirm the decision of the Court of Appeals on different grounds.

II. ANALYSIS.

The question on appeal is whether the trial courts properly granted summary judgment for State Farm and Safeco because the tarpaulin attaching to Baldwin’s vehicle and the ice hitting Reynolds’s vehicle do not satisfy the impact requirements under the respective UM clauses.4 “The standard of review on appeal of a summary judgment is whether the trial court correctly found that there were no genuine issues as to any material fact and that the moving party was entitled to judgment as a matter of law.”5 The facts in Baldwin’s and Reynolds’s cases are undisputed, leaving only a question of law concerning “the construction!;,] ... meaning[,] and legal effect”6 of the UM clauses, which we review de novo.7

[429] A. Uninsured Motorist Coverage.

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State Farm Mutual Automobile Insurance Co. v. Baldwin, 373 S.W.3d 424, 2012 WL 3631393, 2012 Ky. LEXIS 105 (Ky. 2012).

373 S.W.3d 424 (State Farm Mutual Automobile Insurance Co. v. Baldwin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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