State Farm Mutual Automobile Insurance Co. v. Leybman

777 N.E.2d 763, 2002 Ind. App. LEXIS 1779, 2002 WL 31439822
CourtIndiana Court of Appeals
DecidedNovember 1, 2002
Docket02A04-0201-CV-0008
StatusPublished
Cited by4 cases

This text of 777 N.E.2d 763 (State Farm Mutual Automobile Insurance Co. v. Leybman) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals 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. Leybman, 777 N.E.2d 763, 2002 Ind. App. LEXIS 1779, 2002 WL 31439822 (Ind. Ct. App. 2002).

Opinion

OPINION

BAKER, Judge.

Appellant-defendant State Farm Mutual Automobile Insurance Co. (State Farm) appeals the declaratory judgment entered in favor of its policyholders appellees-plaintiffs Yevgeniy and Mikhlina Leybman. The dispositive issue is whether another insurance company’s offer of its policy limits precludes the Leybmans from seeking uninsured motorist coverage under their policy from State Farm. Concluding that the offer of policy limits constitutes insured motorist coverage, we hold that the Leybmans were not entitled to the uninsured motorist coverage under their own *764 policy and reverse the trial court’s judgment.

FACTS

The material facts are undisputed. On December 10, 1998, thirty-six-year-old James Gaddy was driving a pick-up truck owned by his father, John Gaddy. John had not given James permission to drive the truck on that day. He struck and killed the Leybmans’ fifteen-year-old son, Vitaliy, as the young man crossed an intersection on foot. Although James did not have an insurance policy, John maintained insurance on the pick-up truck through GRE Insurance Company (GRE). The policy listed John and his wife as insured drivers, but not James. In addition, the GRE policy provided coverage for the permissive use of the pick-up but not for any nonpermissive use of the vehicle.

John informed GRE of the accident the next day. GRE, accordingly, sent an adjuster to determine whether an insured driver was operating the pick-up at the time of the accident or whether an uninsured driver had permission to use the pick-up at the time of the accident. The Leybmans filed suit against both John and James on February 1, 1999, for Vitaliy’s wrongful death. When GRE received notice of the suit, it retained a law firm to represent both John and James. Within nine days after the suit was filed, GRE offered the policy limits of $25,000 to the Leybmans to settle the case. The settlement was contingent on the Leybmans executing a release of liability of both John and James. As of the date of the trial court’s amended order of judgment, GRE’s offer had not been withdrawn or accepted. Appellant’s App. p. 14.

The Leybmans subsequently filed a declaratory judgment action against their insurer State Farm, requesting the $50,000 limits of their policy’s uninsured motorist provision. That policy provided:

We will pay damages for bodily injury and property damage an insured is legally entitled to collect from the owner or driver of an uninsured motor vehicle. The bodily injury must be sustained by an insured. The bodily injury or property damage must be caused by accident arising out of the operation, maintenance or use of an uninsured motor vehicle.

Appellant’s App. p. 64 (some emphases omitted). In turn, an uninsured motor vehicle is defined as:

1. a land motor vehicle, the ownership, maintenance or use of which is:
a. not insured or bonded for bodily injury liability and property damage liability at the time of the accident....

Appellant’s App. p. 64. The trial court concluded that GRE’s settlement offer to pay John’s policy limits of $25,000 did not constitute insurance coverage for the “ownership, maintenance or use” of the pick-up at the time of the accident. Appellant’s App. p. 18. State Farm now appeals and the Leybmans cross-appeal. 1

DISCUSSION AND DECISION

I. Standard of Review

When, as here, the trial court finds the facts specially and states its conclusions thereon pursuant to Ind. Trial *765 Rule 52, the court on appeal shall not set aside the findings or judgment unless clearly erroneous. McGinley-Ellis v. Ellis, 638 N.E.2d 1249, 1252 (Ind.1994). In applying a two-tiered standard of review, we “ ‘determine whether the evidence supports the findings and the findings support the judgment.’ In deference to the trial court’s proximity to the issues, *we disturb the judgment only where there is no evidence supporting the findings or the findings fail to support the judgment.’ ” Oil Supply Co. v. Hires Parts Serv., Inc., 726 N.E.2d 246, 248 (Ind.2000) (citation omitted) (quoting Chidester v. City of Hobart, 631 N.E.2d 908, 910 (Ind.1994)). We do not reweigh the evidence or determine the credibility of witnesses. Hughes v. City of Gary, 741 N.E.2d 1168, 1172 (Ind.2001). Instead, we consider the evidence most favorable to the judgment, with all reasonable inferences drawn in favor of the judgment. Id. However, appellate courts owe no deference to trial court determinations deemed questions of law. GKN Co. v. Magness, 744 N.E.2d 397, 401 (Ind.2001).

Construction of the terms of a written contract is a pure question of law for the court, reviewed de novo. Harrison v. Thomas, 761 N.E.2d 816, 818 (Ind. 2002). “Although some ‘special rules of construction of insurance contracts have been developed due to the disparity in bargaining power between insurers and insureds, if a contract is clear and unambiguous, the language therein must be given its plain meaning.’ ” Beam v. Wausau Ins. Co., 765 N.E.2d 524, 528 (Ind.2002) (quoting Allstate Ins. Co. v. Boles, 481 N.E.2d 1096, 1101 (Ind.1985)). However, “ ‘[wjhere there is ambiguity, insurance policies are to be construed strictly against the insurer’ and the policy language is viewed from the standpoint of the insured.” Bosecker v. Westfield Ins. Co., 724 N.E.2d 241, 244 (Ind.2000) (alteration in original) (quoting Am. States Ins. Co. v. Kiger, 662 N.E.2d 945, 947 (Ind.1996)). A contract will be found to be ambiguous only if reasonable persons would differ as to the meaning of its terms. Beam, 765 N.E.2d at 528 When construing the meaning of an insurance policy, “ ‘an ambiguity is not affirmatively established simply because controversy exists and one party asserts an interpretation contrary to that asserted by the opposing party.’” Id. (quoting Auto. Underwriters, Inc. v. Hitch, 169 Ind.App. 453, 457, 349 N.E.2d 271, 275 (1976)).

II. Whether GRE’s Offer of Policy Limits Constituted Insurance

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777 N.E.2d 763, 2002 Ind. App. LEXIS 1779, 2002 WL 31439822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-co-v-leybman-indctapp-2002.