State Farm Mutual Automobile Insurance v. Virginia Farm Bureau Mutual Insurance

462 F. App'x 414
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 2, 2012
DocketNo. 10-1227
StatusPublished
Cited by1 cases

This text of 462 F. App'x 414 (State Farm Mutual Automobile Insurance v. Virginia Farm Bureau Mutual Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit 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. Virginia Farm Bureau Mutual Insurance, 462 F. App'x 414 (4th Cir. 2012).

Opinion

Reversed and remanded by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

This case concerns which insurer, State Farm Mutual Automobile Insurance Company or Nationwide Mutual Fire Insurance Company, is obligated to cover John A. Robins’s liability for property damage resulting from a fire that originated in his vehicle. In a declaratory judgment action, the district court found that the incident was covered by the terms of Robins’s insurance policy with State Farm and excluded from coverage by Nationwide because the fire damage “resulted from the ownership or use of’ Robins’s vehicle under Virginia law. State Farm Mut. Auto. Ins. Co. v. Robins, 680 F.Supp.2d 761, 772 (E.D.Va.2010). Because at the time of the fire Robins’s van had been functioning for some time as a storage shed for his business equipment and not as a vehicle, we reverse the judgment of the district court.

I.

A.

The relevant facts are undisputed. On August 17, 2008, a fire destroyed Robins’s 1988 Ford Econoline 350 Box Van and caused approximately $292,850 in damage to Steven and Cathy Ivey’s residential property, which was under construction and vacant at the time. Robins, a self-employed interior trim carpenter and sole proprietor of JAR Custom Building and Remodeling, had been performing construction work at the Ivey residence for several weeks. At the construction project’s inception approximately one month prior to the fire, Robins drove his box van to the work site and parked it in front of the Ivey residence. He did not drive the vehicle in the intervening month before the fire. Instead, as the parties stipulated, during those weeks Robins used the cargo section at the rear of the van “solely as a [416]*416storage compartment or tool shed for [his] business tools and equipment.”

Robins kept the van’s cargo area padlocked and opened it only to access the tools and equipment stored inside, none of which were attached to the van itself. Among the items stowed in the van, Robins kept a battery charger and an electric splitter that he connected to an extension cord to power equipment inside the Ivey property. Robins last visited the Ivey work site on Friday, August 15, 2008, padlocking the van’s cargo compartment before he left. The fire occurred that Sunday.

Three fire “cause and origin” investigators examined the cause of the fire. Each independently concluded that the fire originated in the rear of the van, but found no evidence to suggest that the box van itself caused the fire. Rather, the investigative reports suggested that the fire was caused by the malfunction of equipment kept in the rear of the van, most likely an electrical problem with an extension cord or battery charger.

B.

Virginia Farm Bureau Mutual Insurance Company paid Steven Ivey $292,850 for the fire damage to his property pursuant to a homeowner’s insurance policy. Farm Bureau subsequently claimed subrogation rights against Robins for the money it paid to Ivey on the grounds that the fire damage was the proximate result of his negligence. Robins, in turn, sought coverage for his potential liability to Farm Bureau under a business auto insurance policy issued by State Farm and a commercial general liability insurance policy issued by Nationwide.

As relevant here, Robins’s auto insurance policy for his box van provides that State Farm will pay “all sums an ‘insured’ legally must pay as damages because of ... ‘property damage’ to which this insurance applies, caused by an ‘accident’ and resulting from the ownership, maintenance or use of a covered ‘auto.’ ” Conversely, the terms of his policy with Nationwide exclude from coverage “ ‘property damage’ arising out of the ownership, maintenance, [or] use” of a vehicle owned by the insured. The relevant language in the two policies is therefore such that if one policy covers the fire damage to the Ivey property, the other excludes it.

State Farm sought a declaratory judgment in the United States District Court for the Eastern District of Virginia that it had no obligation to defend, indemnify, or provide insurance coverage to Robins for his alleged liability to Farm Bureau because the relevant loss did not result “from the ownership, maintenance or use of a covered auto.” Nationwide responded, asking the court instead to declare that the incident at issue arose from the “ownership or use” of Robins’s vehicle and was therefore excluded from Nationwide’s general commercial coverage. The parties stipulated to all pertinent facts and State Farm and Nationwide filed cross-motions for summary judgment. The district court denied State Farm’s motion and granted Nationwide’s motion in part, “to the extent that it asks the Court to find that the property damage arose out of the ownership or use of the van.” Robins, 680 F.Supp.2d at 772. This appeal by State Farm followed.

Nationwide contends that we must review the district court’s grant of summary judgment under a “clearly erroneous” standard because it was based on findings of fact. But summary judgment is awarded only if “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). And Nationwide misstates the judgment of the district court, which specified: “As the paities have stip[417]*417ulated the facts in this case, only legal issues remain to be decided.” Robins, 680 F.Supp.2d at 764. The sole issue for consideration in this appeal, whether the fire damage arose out of the “ownership or use” of Robins’s vehicle, is one of Virginia law. We therefore review the district court’s grant of summary judgment de novo. See Norfolk S. Ry. Co. v. City of Alexandria, 608 F.3d 150, 156 (4th Cir.2010).

II.

The district court erred in finding that the damage to the Ivey property resulted from the ownership or use of Robins’s vehicle such that his potential liability was insured by State Farm and excluded from coverage by Nationwide. It is clear that there is no liability coverage under State Farm’s policy for the subject fire loss. As a matter of well-settled Virginia law, to constitute “ownership or use” of a vehicle for purposes of insurance coverage “there must be a causal relationship between the accident and employment of the insured motor vehicle as a vehicle.” State Farm Mut. Auto. Ins. Co. v. Powell, 227 Va. 492, 318 S.E.2d 393, 397 (1984) (emphasis added). In Powell, the Virginia Supreme Court held that a death resulting from the accidental discharge of a shotgun, which was resting on a gun rack fastened to the insured pickup truck, did not arise from use of the vehicle within the meaning of an auto insurance policy or a corresponding exclusion in a homeowner’s policy. The discharge occurred while the truck was parked and a group of friends, including the victim, was congregated in and around the vehicle. The court emphasized that the vehicle was not functioning as a truck, but “merely was the situs for a social gathering.” Id. at 398.

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Bluebook (online)
462 F. App'x 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-v-virginia-farm-bureau-mutual-ca4-2012.