State Farm Mutual Automobile Insurance v. Washington

641 A.2d 449, 1994 Del. LEXIS 120, 1994 WL 143107
CourtSupreme Court of Delaware
DecidedApril 15, 1994
Docket240, 1993
StatusPublished
Cited by28 cases

This text of 641 A.2d 449 (State Farm Mutual Automobile Insurance v. Washington) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware 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. Washington, 641 A.2d 449, 1994 Del. LEXIS 120, 1994 WL 143107 (Del. 1994).

Opinion

MOORE, Justice.

This is a case of first impression. State Farm Mutual Automobile Insurance Company (“State Farm”) sought a declaratory judg *450 ment in the Superior Court against its insured, Larry Washington (“the Father”), and his son, LeShawn Washington (“the Son”), denying uninsured/underinsured motorist coverage to the Son because he is the subject of a named driver exclusion in the Father’s policy. The Son was injured while driving another person’s ear. The cause of the accident was solely the negligence of the driver of the other car. The Superior Court ruled that the exclusion was unenforceable. State Farm appeals, contending that it now is exposed to risks that the exclusion was designed to eliminate.

The public policy of our law requires that exclusions attempting to limit the right of injured persons to umnsured/underinsured motorist coverage be narrowly construed. The risk addressed by liability insurance relates to the tortious conduct of the insured, whereas the risk covered by uninsured/underinsured motorist coverage arises from the negligence of other persons either without insurance or having inadequate policy limits. The coverages are entirely different. Under the circumstances, the named driver exclusion for liability purposes bears no logical relationship to the public policy considerations served by uninsured/underinsured motorist protection. Accordingly, we affirm the judgment of the Superior Court.

I.

The facts are stipulated. The Son was injured in an automobile accident caused by the negligence of John William Baker, Sr. (“Baker”), the driver of another car. At the time of the accident, the Son was driving his aunt’s ear, insured by Nationwide Insurance Company, which is not a party to this action. The parties agree that the Son was not negligent in a manner proximately causing or contributing to the accident. Baker had minimum insurance coverage of $15,000/$30,000 through Colonial Penn Insurance Company. The Son received the full $15,000 limit from Colonial Penn for his injuries and released all claims against Baker, while reserving any claims against the underinsured motorist coverage issued by State Farm to the Father. The parties agree that the damages from Son’s injuries caused by Baker may exceed $15,000.

At all pertinent times, the Son lived with the Father. About nine months before the accident, State Farm notified the Father of cancellation of his automobile policy because of the Son’s poor driving record. The cancellation notice included an offer to continue the policy if it excluded coverage for the Son. The Father accepted the exclusion, resulting in the following endorsement to his policy (the Driver Exclusion Endorsement):

In consideration of the premium charged for (your) policy it is agreed we shall not be liable and no liability or obligation of any kind shall attach to us for “bodily injury, loss” or damage under any of the coverages of this policy while a motor vehicle is operated by ... LeShawn Washington.

Thus, at the time of the accident, the exclusion was in effect, and the Son was not driving a car insured by the Father’s policy. The Son contends, however, that as a relative residing with the Father, the named insured, the Son remains entitled to uninsured/under-insured coverage.

State Farm agrees that “but for” the named driver exclusion, the Son would be an insured under the Father’s policy, as a relative and resident of the Father’s household. State Farm also agrees that the named driver exclusion would not bar any claim for the Son’s injuries had he been a passenger, rather than the driver, of his aunt’s car at the time of the accident.

II.

As a matter of public policy, the Delaware General Assembly requires that umnsured/underinsured motorist coverage be included in all automobile insurance policies, unless rejected in writing by the insured. 1 *451 “The legislative purpose embodied in the requirement that uninsured motorist coverage be available to all members of the public is clear: the protection of innocent persons from the negligence of unknown or impecunious tortfeasors.” Frank v. Horizon Assur. Co., Del.Supr., 553 A.2d 1199, 1201 (1989); see also State Farm Mut. Auto. Ins. Co. v. Abramowicz, Del.Supr., 386 A.2d 670, 672 (1978) [hereinafter Abramowicz ]. Furthermore, any insurance policy provisions which reduce or limit underinsured motorist coverage to less than that prescribed by the statute are void. Frank, 553 A.2d at 1201; Abramowicz, 386 A.2d at 672.

It is well settled that the public policy of this State is to narrowly construe exclusions and limitations on statutorily required insurance coverage. In State Farm Mut. Auto. Ins. Co. v. Wagamon, Del.Supr., 541 A.2d 557 (1988) [hereinafter Wagamon ], the insurer included a “household exclusion” denying liability coverage to an insured party for any personal injury claim brought by a member of the insured’s family residing with the insured. Despite the statutory allowance for “customary exclusions,” 21 Del.C. § 2118(e), we invalidated that exclusion as inconsistent with the financial responsibility laws and, therefore, contrary to public policy. Wagamon, 541 A.2d at 560-61. We held that:

This broad coverage [required by the financial responsibility law, specifically, 21 Del.C. §§ 2118 & 2902] is consistent with the legislative intent. Reading both statutes in pari materia can only lead to the conclusion that § 2118 was meant to protect persons injured in an automobile accident, regardless of their affiliation with the insured. Any attempt to restrict this class of protected persons is invalid.

Id. at 560 (citations omitted).

We next considered an insurer’s attempt to limit required insurance coverage by an “other motor vehicle exclusion.” Frank v. Horizon Assur. Co., Del.Supr., 553 A.2d 1199 (1989). There, the insured was injured when an uninsured motorist struck her car. Id. at 1200. The insurer claimed that its insured was not entitled to uninsured motorist coverage because she was driving a car that, although owned by her, was not listed in her policy. Id. at 1201. We invalidated that exclusion as inconsistent with the public policy considerations mandating the availability of uninsured motorist coverage:

[W]e find the enactment of section 3902(e) bespeaks of legislative policy that uninsured coverage shall not be undercut by restrictive policy provisions, unless such restrictions are specifically authorized by statute. This conclusion is consistent with the view that clauses which restrict the scope of insurance protection required by law are to be narrowly construed.

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Bluebook (online)
641 A.2d 449, 1994 Del. LEXIS 120, 1994 WL 143107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-v-washington-del-1994.