State Farm Mutual Automobile Insurance v. Taylor

725 P.2d 821, 223 Mont. 215, 1986 Mont. LEXIS 1031
CourtMontana Supreme Court
DecidedSeptember 12, 1986
Docket86-03
StatusPublished
Cited by11 cases

This text of 725 P.2d 821 (State Farm Mutual Automobile Insurance v. Taylor) is published on Counsel Stack Legal Research, covering Montana Supreme Court 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. Taylor, 725 P.2d 821, 223 Mont. 215, 1986 Mont. LEXIS 1031 (Mo. 1986).

Opinions

MR. JUSTICE WEBER

delivered the Opinion of the Court.

Appellants were involved in an automobile accident. The District Court for the Eighteenth Judicial District granted the motion of State Farm Fire and Casualty Company (State Farm) for summary judgment. It held that State Farm insurance policies held by Mr. Taylor and Mr. Hanson did not provide uninsured motor vehicle coverage for this accident. We reverse.

The issues are:

1. Did the State Farm policies provide uninsured motor vehicle coverage under the circumstances of this case?

2. Is State Farm absolved of liability because the insured violated the “no consent to settlement” exclusion of the insurance policies?

Mr. Hanson and Mr. Taylor were insured under State Farm automobile liability insurance policies. Mr. Taylor was driving a vehicle in which Mr. Hanson and Mr. Callaway were passengers. Their vehicle was rearended at a high rate of speed by Mr. Moss, who was driving a truck owned by yet another person. As a result of the accident, Mr. Hanson died and Mr. Callaway and Mr. Taylor were severely injured. Mr. Callaway, Mr. Taylor, and Mr. Hanson’s family sued Mr. Moss, and judgments were rendered. The vehicle Mr. Moss was driving was uninsured, but he personally had liability insurance. The victims settled with Mr. Moss’ insurer, which paid to his policy limit, but the judgments remain partially unsatisfied.

In this action, State Farm obtained a judgment that it was not required to apply Mr. Taylor’s and Mr. Hanson’s uninsured motor vehicle coverage to the unsatisfied portions of the judgments. The District Court held that the State Farm uninsured motor vehicle coverage did not apply where the offending vehicle was uninsured but its driver had insurance.

[217]*217I.

Did the State Farm policies provide uninsured motor vehicle coverage under the circumstances of this case?

Uninsured motor vehicle insurance coverage must be offered by insurers in Montana under Section 33-23-201, MCA:

“No automobile liability . . . policy ... for bodily injury . . arising out of the ownership, maintenance, or use of a motor vehicle shall be delivered ... in this state, with respect to any motor vehicle registered ... in this state, unless coverage is provided [in limits of $25,000 per person as set forth in Section 61-6-103, MCA,] for the protection of persons insured . . . who are legally entitled to recover damages from owners or operators of uninsured motor vehicles . . .” There is no statutory definition of uninsured motor vehicle. Montana also requires by statute that vehicles registered and operated in the state have liability insurance coverage. Section 61-6-301, MCA.

The State Farm policy provision at issue is:

“Sec. Ill — Uninsured Motor Vehicle - Coverage U. We will pay damages for bodily injury an insured is legally entitled to collect from the owner or driver of an uninsured motor vehicle. The bodily injury must be caused by accident arising out of the operation, maintenance or use of an uninsured motor vehicle.
“Uninsured Motor Vehicle — means:
“1. a land motor vehicle, the ownership, maintenance or use of which is:
“a. not insured or bonded for bodily injury liability at the time of the accident . . .”

State Farm argues that the plain meaning of the policy is that when the use of an offending motor vehicle is insured (as was Mr. Moss’ use of the offending vehicle), the uninsured motorist coverage does not apply. State Farm has cited a number of cases in which it has been held that a vehicle is not an uninsured motor vehicle for purposes of insurance coverage if either the driver or the owner has insurance. See, e.g. Sorbo v. Mendiola (Minn. 1985), 361 N.W.2d 851; Stordahl v. Government Emp. Ins. Co. (Alaska 1977), 564 P.2d 63; Citizens Ins. Co. of America v. Povey (Mich.App.1982), 319 N.W.2d 341. In none of these cases was the policy provision the same as the provision in this case. Since we conclude the language of this policy is critical, the cases cited by State Farm are not decisive.

The appellants contend that under the policy, a motor vehicle is uninsured if the ownership, maintenance or use is not insured for [218]*218bodily injury. In this instance, the ownership was not insured. As a result there is a reasonable contention that under the express provision of the policy, because the ownership was not insured for bodily injury, this is an uninsured motor vehicle. The first sentence of the provision says that State Farm will pay damages an insured is legally entitled to collect from the owner or driver of an uninsured motor vehicle. If this is an uninsured motor vehicle because of the absence of insurance covering ownership, then the first sentence requires State Farm to pay its uninsured coverage because the driver of the uninsured motor vehicle caused the damages.

The Washington courts have examined an insurance policy provision comparable to this one. That policy defined an uninsured motor vehicle as one “with respect to the ownership, maintenance or use of which there is ... no bodily injury insurance . . .” Finney v. Farmers Ins. Co. (Wash. App. 1978), 586 P.2d 519, aff’d, 600 P.2d 1272. The court held that the policy was ambiguous and the provision was subject to more than one interpretation because of the use of the disjunctive “or,” and that the clause could be interpreted to mean that a “vehicle is uninsured if there is no insurance as to either its ownership or its maintenance or its use.” Finney, 586 P.2d at 526. We agree with that rationale.

“An ambiguous provision in an insurance policy is construed against the insurance company. A clause in an insurance policy is ambiguous when different persons looking at it in the light of its purpose cannot agree upon its meaning, [citation omitted.] If the language is unambiguous, and subject to only one meaning, there is no basis for the interpretation of policy coverage under the guise of ambiguity.”

Bauer Ranch v. Mountain W. Farm Bur. Mut. Ins. (Mont. 1985), [215 Mont. 153,] 695 P.2d 1307, 1309, 42 St.Rep. 255, 257. This policy does not clearly state whether it provides uninsured motor vehicle coverage when the driver is insured but the ownership of the vehicle is not. We conclude that the policy is ambiguous. We therefore interpret the policy to provide coverage. We hold that the State Farm policies provided uninsured motor vehicle coverage under the circumstances of this case.

II

Is State Farm absolved of liability because the insured violated the “no consent to settlement” exclusion of the insurance policies?

[219]

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State Farm Mutual Automobile Insurance v. Taylor
725 P.2d 821 (Montana Supreme Court, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
725 P.2d 821, 223 Mont. 215, 1986 Mont. LEXIS 1031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-v-taylor-mont-1986.