State Farm Mutual Automobile Insurance Co. v. Employers Mutual Casualty Co.

500 N.W.2d 80, 1993 Iowa App. LEXIS 36, 1993 WL 168472
CourtCourt of Appeals of Iowa
DecidedMarch 30, 1993
Docket91-1823
StatusPublished
Cited by2 cases

This text of 500 N.W.2d 80 (State Farm Mutual Automobile Insurance Co. v. Employers Mutual Casualty Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa 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 Insurance Co. v. Employers Mutual Casualty Co., 500 N.W.2d 80, 1993 Iowa App. LEXIS 36, 1993 WL 168472 (iowactapp 1993).

Opinion

SCHLEGEL, Judge.

This case involves a coverage dispute between two insurance companies which arose out of an automobile accident that occurred August 2, 1985. Employers Mutual Casualty Company appeals the district court’s ruling, following a declaratory judgment action, declaring Marthanne Morton had the consent of the Amana Society, Employers Mutual’s insured, to drive the Society’s pickup truck and declaring Employers Mutual liable for primary liability coverage in the accident involving the vehicle.

David Louzek became the general business manager of the Amana Society in 1984. As general manager, Louzek was in effect the chief executive officer of the Society and was responsible for the Society’s day-to-day operations. In late July of 1985, Louzek contacted Henry J. Vien, the manager of Amana Woolen Mill and borrowed a 1988 Chevrolet pickup owned by the Society to assist Louzek in moving his residence from Homestead, Iowa to Lado-ra, Iowa. Louzek had used the same Society pickup on at least three prior occasions, all with the knowledge of Yien.

On August 2, 1985, Louzek’s girlfriend, Marthanne Morton, was driving the Society’s pickup at Louzek’s direction and for Louzek’s benefit on a trip related to Louz-ek’s move. During this trip, Morton collided with another truck. As a result of this collision, Morton and her son, Dane, were injured, and Louzek’s son, William, was killed.

Following this accident, Dane Morton and William Louzek’s estate filed suit against Marthanne Morton. State Farm Mutual Automobile Insurance Company insured Morton for any vehicle she was driving with the owner’s consent, and Employers Mutual Casualty Company insured the Society’s vehicles driven with the Society’s consent. This underlying suit was eventually settled with State Farm paying its insurance policy limits of $50,000.

While this underlying suit was pending, Employers Mutual instituted this declaratory judgment action seeking a ruling that State Farm’s policy provided primary coverage. The fighting issue was whether the Society had given Morton its consent to drive the pickup. If Morton had the consent of the Society to drive its pickup at the time and place of the collision, then Employers Mutual’s policy is primary, and Employers Mutual owes the $50,000 paid by State Farm. If Morton did not have consent, then State Farm’s policy is primary and Employers Mutual had no insurance coverage of Morton. After considering the evidence, the district court found the Society had given its consent to Morton to drive the pickup. Employers Mutual appeals.

In this law action, our scope of review is for the correction of errors of law. Iowa R.App.P. 4 (1998). Findings of fact in a law action are binding on us if supported by substantial evidence. Iowa R.App.P. 14(f)(1) (1993). We construe the trial court’s findings broadly and liberally. Grinnell Mut. Reins. Co. v. Voeltz, 431 N.W.2d 783, 785 (Iowa 1988).

A finding of fact is supported by substantial evidence if the finding may be reasonably inferred from the evidence. In evaluating sufficiency of the evidence, we view it in its light most favorable to sustaining the court’s judgment. We need only consider evidence favorable to the judgment, whether or not it was contradicted.

Briggs Transp. Co. v. Starr Sales Co., 262 N.W.2d 805, 808 (Iowa 1978).

“Evidence is substantial or sufficient when a reasonable mind could accept it as adequate to reach the same findings.” Waukon Auto Supply v. Farmers & Merchants Sav. Bank, 440 N.W.2d 844, 846 (Iowa 1989) (citation omitted). Evidence is not insubstantial merely because it could support contrary inferences. Grinnell *82 Mut. Reins. Co., 431 N.W.2d at 785 (citation omitted).

The sole issue on appeal is whether the trial court correctly determined that Mar-thanne Morton, a non-member of the Ama-na Society, had the consent of the Society to drive its pickup at the time and place the pickup was involved in the collision. We conclude Morton did have the Society’s implied consent, and we affirm the trial court’s ruling.

When ownership of a vehicle is admitted, a rebuttable presumption is created that the vehicle was operated with the consent of the owner. Van Zwol v. Branon, 440 N.W.2d 589, 591 (Iowa 1989) (citing McKirchy v. Ness, 256 Iowa 744, 747, 128 N.W.2d 910, 912 (1964)). See also Iowa Code § 321.493 (1991). In the present case the Amana Society does not dispute that it owned the Chevrolet pickup driven by Morton. The inference of consent may be rebutted by proof that no consent existed. Mitchell v. Automobile Underwriters, 225 Iowa 906, 910, 281 N.W. 832, 835 (1938). As applied to a second permittee (or third party), this inference may be overcome by the owner’s showing that the first permit-tee was not given express or implied authority to delegate permission for the vehicle’s use. Schneberger v. Glenn, 176 N.W.2d 782, 785 (Iowa 1970). Generally, a factual determination must be made as to whether the initial grant of authority was broad enough to include an implied grant to give the second permittee authority to use the vehicle. Van Zwol, 440 N.W.2d at 592.

Accordingly, the Society is presumed to have consented to Morton’s use of the pickup unless it can be shown that Louzek, the first permittee, was not given implied authority to delegate permission for the vehicle’s use. In Van Zwol, the supreme court determined implied consent had not been given by the owner after focusing on whether the facts and circumstances of that case, and their reasonable inferences, posed a situation where one would expect a need to verbally express a limitation or condition on who would drive the vehicle. Id. at 593.

The Van Zwol court, relying on the facts in that case, concluded it would be entirely unanticipated or unexpected for the owner of the pickup (Vajgrt) to need to express a limitation on the first permittee’s (Allen) use of the vehicle. The court stated:

Vajgrt and Allen were out in the country on Vajgrt’s farm. No other persons were around. The reasonable inference from the facts and circumstances was that Vajgrt expected Allen to follow immediately in the pickup truck. The likelihood of anyone else showing up, or that if they did show up, would arrange to drive the pickup, in that short interval of time is extremely remote. Louie Vajgrt could not have reasonably anticipated such a chain of events under the circumstances. It is not a circumstance where one would expect any need to verbally express a limitation or condition on who would drive the vehicle.

Id. at 593.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
500 N.W.2d 80, 1993 Iowa App. LEXIS 36, 1993 WL 168472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-co-v-employers-mutual-casualty-co-iowactapp-1993.