State Farm Mutual Automobile Insurance v. Dimmer

773 P.2d 1012, 160 Ariz. 453, 22 Ariz. Adv. Rep. 16, 1988 Ariz. App. LEXIS 355
CourtCourt of Appeals of Arizona
DecidedNovember 29, 1988
Docket1 CA-CIV 9794
StatusPublished
Cited by17 cases

This text of 773 P.2d 1012 (State Farm Mutual Automobile Insurance v. Dimmer) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona 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 v. Dimmer, 773 P.2d 1012, 160 Ariz. 453, 22 Ariz. Adv. Rep. 16, 1988 Ariz. App. LEXIS 355 (Ark. Ct. App. 1988).

Opinions

OPINION

SHELLEY, Presiding Judge.

Appellants Sylvester J. Dimmer and Germaine D. Dimmer appeal from summary judgment entered for appellee State Farm Mutual Automobile Insurance Company in State Farm’s action for declaratory relief and from the denial of appellants’ cross-motion for summary judgment. The trial court held that the Dimmers’ automobile liability policy, on which the liability limits were $50,000 per person and $100,000 per occurrence, provided coverage of only $15,-000 as applied to Germaine Dimmer’s claim against Sylvester Dimmer for injuries she sustained while riding as a passenger in a covered automobile.1

The appeal presents the following issues: (1) whether the “household exclusion” clause in State Farm’s automobile liability policy is void on public policy grounds; and (2) whether the doctrine of reasonable expectations precludes enforcement of State [455]*455Farm’s “household exclusion” clause in this case. We have jurisdiction pursuant to A.R.S. § 12-2101(B).

Facts and Procedural History

Sylvester Dimmer purchased the policy that is the subject of this litigation in or about 1972 from Ed Ricestead of Glendale. According to Dimmer, Ricestead explained to him the coverages he should have. Dimmer testified:

All my policies covered what I thought was maximum coverages and when I was working real estate I carried a little higher liability because it was required by our broker and actually I thought I had a higher liability but because of the conservative nature of this I probably in talking with Ed that’s why I came down to the 50 on liability.

Dimmer received a copy of the policy when he bought it, and thereafter spoke to Ricestead only about coverages Ricestead recommended for him. Dimmer did not ask Ricestead or anyone else from State Farm to explain to him when policy provisions would apply or not apply. Other than in general terms, Dimmer stated Ricestead never detailed the facts and situations in which the policy coverages would and would not apply. He also did not suggest that Dimmer read the policy or addenda he received from State Farm. Dimmer believed he probably read the addenda that were sent to him.

Eventually Dimmer acquired a 1978 Ford LTD. During the period from May 29, 1982 through November 29, 1982, Dimmer’s State Farm policy provided bodily injury liability coverage on the Ford LTD in the amount of $50,000 for “each person” and $100,000 for “each accident.” The policy’s declarations page listed Sylvester J. Dimmer as the “named insured.” The declarations page also stated:

YOUR POLICY CONSISTS OF THIS PAGE, ANY ENDORSEMENTS, AND THE POLICY BOOKLET, FORM 9803.4 PLEASE KEEP TOGETHER.

Page 2 of the policy booklet contained the following definitions:

Bodily injury — means bodily injury to a person and sickness, disease or death which results from it.
Insured — means the person, persons or organization defined as insureds in the specific coverage.
Person — means a human being.
You or your — means the named insured or named insureds shown on the declarations page.

Section 1 of the policy booklet, which discussed liability coverage, began in the middle of page 4 and ended on page 6. On page 4 it provided in part:

We will:

1. pay damages which an insured becomes legally liable to pay because of:
a. bodily injury to others, and
b. damage to or destruction of property including loss of its use, caused by accident resulting from the ownership, maintenance or use of your car; and
2. defend any suit against an insured for such damages with attorneys hired and paid by us. We will not defend any suit after we have paid the applicable limit of our liability for the accident which is the basis of the lawsuit.

On pages 5 and 6 it provided in part:

Limits of Liability
The amount of bodily injury liability coverage is shown on the declarations page under “Limits of Liability — Coverage A — Bodily Injury, Each Person, Each Accident.” Under “Each Person” is the amount of coverage for all damages due to bodily injury to one person.
We will pay damages for which an insured is legally liable up to these amounts.
When Coverage A Does Not Apply
In addition to the limitations of coverage in “Who Is an Insured” and “Trailer Coverage”:
THERE IS NO COVERAGE:
[456]*4562. FOR ANY BODILY INJURY TO:
d. ANY:
(1) INSURED OTHER THAN YOU; OR
(2) FAMILY MEMBER OF AN INSURED RESIDING IN THE SAME HOUSEHOLD AS THE INSURED. TO THE EXTENT THE LIMITS OF LIABILITY OF THIS POLICY EXCEED THE LIMITS OF LIABILITY REQUIRED BY LAW.

Dimmer’s affidavit in support of the Dimmers’ motion for summary judgment stated in pertinent part:

4. My intention and understanding of the coverage provided by these policies was that my wife would be covered to the same extent as any other person would be for any injuries that they would have been covered for under these policies, including uninsured motorists and underinsured motorists coverages.
5. Neither State Farm Mutual Automobile Insurance Company nor any of its agents ever suggested to me that any exclusion existed on the policy that would preclude my wife from having the same coverage as any other person would as to any accident she or they were involved in. Nor was I offered any alternate policy option for securing such coverage.
6. If I had known that there was any question of my wife not being insured to the same extent as any other person, I certainly would have sought a different insurance policy.
10. Since the time of the accident, I have read my policy over and found no reason to think we would not be covered for $50,000 on the policy, or on the underinsurance.

On November 19, 1982, Mrs. Dimmer was injured while riding as a passenger in the 1978 Ford LTD, which was being driven by Dimmer. Mrs. Dimmer thereafter filed suit against Dimmer in Maricopa County Superior Court. On September 24, 1986, State Farm filed its amended complaint in this action, seeking a declaration that its policy on the Ford LTD provided Dimmer with liability coverage in the amount of $15,000 only. The Dimmers’ answer alleged that Mrs. Dimmer sustained damages exceeding $65,000 in the accident, and that she was entitled to the $50,000 liability coverage provided by the State Farm policy on the Ford LTD. On cross motions for summary judgment, the trial court ruled for State Farm. The trial court’s minute entry of June 30, 1987 stated in pertinent part:

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State Farm Mutual Automobile Insurance v. Dimmer
773 P.2d 1012 (Court of Appeals of Arizona, 1988)

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Bluebook (online)
773 P.2d 1012, 160 Ariz. 453, 22 Ariz. Adv. Rep. 16, 1988 Ariz. App. LEXIS 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-v-dimmer-arizctapp-1988.