State v. Underwriters at Lloyds, London

755 P.2d 396, 1988 Alas. LEXIS 72, 1988 WL 45579
CourtAlaska Supreme Court
DecidedMay 6, 1988
DocketS-1909
StatusPublished
Cited by33 cases

This text of 755 P.2d 396 (State v. Underwriters at Lloyds, London) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Underwriters at Lloyds, London, 755 P.2d 396, 1988 Alas. LEXIS 72, 1988 WL 45579 (Ala. 1988).

Opinion

OPINION

MATTHEWS, Chief Justice.

This appeal raises the question whether an airline’s premises-operations insurance provides coverage for a taxiway accident.

I. INTRODUCTION

In 1975, a Boeing 747 aircraft owned by Japan Airlines (JAL) was damaged when it slid off an icy taxiway at Anchorage International Airport. The cost of repairing the aircraft was nearly $20 million. JAL and its property insurers sued the State of Alaska, the owner of the airport, claiming that the accident resulted from the faulty design and. maintenance of the taxiway. 1 The state tendered its defense to JAL’s liability insurers, but the tender was refused. 2 Following a trial on the question of liability, the jury found that the state was 80% responsible for the accident, and that JAL was 20% responsible. The state settled with JAL and its property insurers prior to entry of final judgment.

At the time of the taxiway accident, JAL was the named insured under a policy issued by the Underwriters at Lloyds, London. The state was an additional insured under the policy. In the instant case, the state and its liability insurers seek a declaration that the Underwriters provided liability insurance for the state which covered the accident, and a money judgment for a share of defense and settlement costs. 3 *398 Both parties moved for summary judgment on the question of coverage. The trial court granted the Underwriters’ motion and denied that of the state. A final judgment dismissing the state’s claims was entered and this appeal followed.

II. AIRPORT LEASES AND INSURANCE POLICY PROVISIONS

At the time of the accident, JAL had leased from the state eight areas at Anchorage International Airport for its ticket counter, gate, baggage, and office operations. Each of the leases were substantially identical with regard to applicable covenants and conditions. The leases contained a clause requiring JAL to indemnify, defend, and save harmless the state from claims arising in connection with JAL’s use of the leased premises. 4 In addition, the leases contained a paragraph requiring JAL to maintain insurance protecting the state against comprehensive public liability, products liability and property damage. 5

In compliance with the insuring clause of the leases, JAL furnished the state with a Certificate of Insurance on a state-supplied form. The certificate described the insurer as “Appleton & Cox/Lloyds, London,” 6 noted that the limits of liability were at least $50,000 per accident for property damage, and described the State of Alaska as an additional insured.

The policy to which the certificate refers was issued to JAL by the Underwriters. It applies to JAL and additional insureds from numerous places in the United States and Canada. The insuring agreement states in part:

The Insurers hereby agree with the Insured, named in the declarations, ...
INSURING AGREEMENTS
COVERAGE B — PROPERTY DAMAGE LIABILITY. To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of injury to or destruction of property, including the loss of use thereof, caused by an occurrence and arising out of the hazards hereinafter defined.

*399 The section entitled “Definition of Hazards” reads in part:

Division 1 — Premises—Operations.
The ownership, maintenance or use of all buildings and/or premises utilized by Japan Air Lines personnel in the scope of their employment by Japan Air Lines and/or for which Japan Air Lines are responsible, and all airport and airline operations necessary or incidental thereto.

The policy expressly excludes hazards related to certain aircraft:

THIS POLICY DOES NOT APPLY:
(a) Under Division 1 of the Definition of Hazards, to (1) any aircraft owned by, hired by or for, or loaned to the Insured or to any aircraft in flight by or in the interest of the Insured....

The limit of liability for property damage under the premises operations division of the policy is $1 million for each occurrence.

The policy also contains a cross-liability clause which states:

The inclusion of more than one corporation, person, organization, firm or entity as insured under this Policy shall not in any way affect the rights of any such corporation, person, organization, firm or entity as respects any claim, demand, suit or judgment made, brought or recovered by or in favour of any other Insured, or by or in favour of any employee of such other Insured, this Policy shall protect each corporation, person, organization, firm or entity in the same manner, as though a separate Policy had been issued to each: but nothing herein shall operate to increase the Insurers’ liability as set forth elsewhere in this Policy beyond the amount or amounts for which the Insurers could have been liable if only one person or interest had been named as Insured.

Finally, the policy includes a “severability of interests” clause which states that: “[t]he term ‘the Insured’ is used severally and not collectively.”

III. ANALYSIS

The state argues that coverage exists because the taxiway where the accident occurred is a premise utilized by JAL personnel in the scope of their employment or, in the alternative, that taxiing the airplane was an airline operation necessary or incidental to the use of the leased premises. The state contends that the policy exclusion for aircraft operations does not apply because the state did not own, rent, borrow, or fly the aircraft.

The Underwriters raise four objections to a finding that coverage exists. First, they argue that the policy coverage extends only to risks which arise out of JAL’s operations or activities on the leased premises. Second, they contend that there must be a causal connection between JAL’s operations and the occurrence giving rise to liability and that such a connection is lacking in this case. Third, the Underwriters argue that the aircraft exclusion applies. Fourth, independent of the policy language, the Underwriters argue that coverage for the taxiway accident was not within the expectation of the parties.

The trial court generally agreed with the Underwriters. We conclude that coverage exists.

First, premises operations coverage is not narrowly confined to accidents occurring on the insured premises. For example, in Hale v. Fireman’s Fund Insurance Co., 731 P.2d 577

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hahn v. GEICO Choice Insurance Company
420 P.3d 1160 (Alaska Supreme Court, 2018)
Devine v. Great Divide Insurance Company
350 P.3d 782 (Alaska Supreme Court, 2015)
Allstate Insurance Companies v. Herron
393 F. Supp. 2d 948 (D. Alaska, 2005)
Allstate Ins. Co. v. Bryant
45 F. App'x 632 (Ninth Circuit, 2002)
West v. Umialik Insurance Co.
8 P.3d 1135 (Alaska Supreme Court, 2000)
Kim v. National Indemnity Co.
6 P.3d 264 (Alaska Supreme Court, 2000)
C.P. Ex Rel. M.L. v. Allstate Insurance Co.
996 P.2d 1216 (Alaska Supreme Court, 2000)
State Farm Fire & Casualty Co. v. Bongen
925 P.2d 1042 (Alaska Supreme Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
755 P.2d 396, 1988 Alas. LEXIS 72, 1988 WL 45579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-underwriters-at-lloyds-london-alaska-1988.