Stibal Ex Rel. Stibal v. Carland

381 N.W.2d 855, 1986 Minn. App. LEXIS 3999
CourtCourt of Appeals of Minnesota
DecidedFebruary 18, 1986
DocketC1-85-1791
StatusPublished
Cited by6 cases

This text of 381 N.W.2d 855 (Stibal Ex Rel. Stibal v. Carland) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stibal Ex Rel. Stibal v. Carland, 381 N.W.2d 855, 1986 Minn. App. LEXIS 3999 (Mich. Ct. App. 1986).

Opinion

OPINION

PARKER, Judge.

The Stibals were awarded a verdict against James Carland on May 22, 1984. In this garnishment action against Car-land’s insurer, respondent General Accident Insurance Co. of America, the Stibals seek interest on the verdict accruing from August 23, 1984, until the present time. General Accident responds that under its policy with Carland, its tender of the $50,-000 policy limit on August 22 effectively tolled its obligation to pay interest on the entire judgment. The trial court ordered General Accident to pay interest on the entire judgment from August 23, 1984, through February 1, 1985. We affirm in part, reverse in part, and remand.

FACTS

The facts in this case are undisputed. General Accident Fire and Life Assurance Corp. had issued to James Carland a homeowner’s policy which provided personal liability insurance with limits of $50,000 per occurrence. On May 22, 1984, the Stibals were awarded a verdict of $205,516.17 against James Carland. Carland’s homeowner’s policy with General Accident, insofar as payment of interest on judgments, provided:

2. Personal liability claim expenses: This company will pay:
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c. All interest on the entire amount of any judgment which accrues after entry of the judgment and before this company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of this company’s liability thereon * *.

On August 22, 1984, General Accident tendered only its policy limits of $50,000 to the Stibals. They rejected this tender because it did not include the interest owed on the entire judgment plus costs and disbursements. On September 13, 1984, judgment was entered for the amount of the verdict plus statutory interest of 9 percent from May 22, 1984, and costs of $392.85.

In December 1984 the Stibals commenced this garnishment action against General Accident for the amount of the judgment plus interest and costs. On February 1, 1985, General Accident tendered to the Sti-bals its policy limits, costs and interest that accrued on the entire verdict from the date of the verdict (May 22, 1984) through the date of its initial tender of the policy limits (August 22, 1984).

This second tender did not include any interest that had accrued subsequent to August 22, 1984. The Stibals agreed to accept the February tender while expressly reserving the right to contest whether the accrual of interest was tolled by General Accident’s August 22, 1984, tender of only the policy limits. On August 2, 1985, the trial court held that a proper tender occurred on February 1, 1985, and further ordered General Accident to pay interest on the entire judgment from August 23, 1984, through February 1, 1985.

*857 ISSUE

Does General Accident owe the Stibals additional interest under the interest clause in James Carland’s insurance policy?

DISCUSSION

The critical issue in this appeal is whether General Accident’s August 22, 1984, tender of the $50,000 policy limit alone tolled its obligation to pay interest on the entire judgment. The trial court ruled in the negative:

It is agreed that General Accident’s August 22, 1984 tender was incomplete and ineffective because it did not include the amount of interest which had accrued on the judgment until the date of that tender. That amount, however, was tendered on February 1, 1985 which the Court feels was sufficient to terminate General Accident’s obligation to pay interest after that date.

General Accident’s policy of insurance requires them to pay interest on the entire judgment which accrues “before this Company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of this company’s liability thereon." 1 This language has caused a split in jurisdictions as to the duration of the insurer’s liability for interest. General Accident argues that the word “thereon” at the end of the “standard interest clause” refers to the stated limits of the insurance policy, and therefore a complete tender is made when policy limits alone are tendered. See Draper v. Great American Insurance Co., 224 Tenn. 552, 458 S.W.2d 428 (1970); Levin v. State Farm Mutual Automobile Insurance Co., 510 S.W.2d 455 (Mo.1974).

The Stibals contend that “thereon” refers to the word “judgment” and that the insurer’s liability for interest does not terminate until payment or tender of the insurer’s entire liability on the judgment, which necessarily includes the policy limits, interest, and costs. See River Valley Cartage Co. v. Hawkeye-Security Insurance Co., 17 Ill.2d 242, 161 N.E.2d 101 (1959); Home Indemnity Co. v. Muncy, 449 S.W.2d 312, 316 (Tex.Civ.App.1970); Security Insurance Co. of Hartford v. Houser, 191 Colo. 189, 193, 552 P.2d 308, 311 (1976).

The division of opinion expressed by these cases illustrates that the “standard interest clause” is susceptible to two different constructions. When language of a policy is ambiguous or susceptible to different meanings, it must be given the meaning which is favorable to the finding of insurance coverage. Nordby v. Atlantic Mutual Insurance Co., 329 N.W.2d 820, 822 (Minn.1983).

The purpose of the interest-on-judgment clause is to give the insurer an incentive to discharge its obligation promptly. It is reasonable to impose the expense of accrued interest upon the insurer in view of the “company’s right to control the conduct of the suit and its power to escape liability for interest through the payment or tendering of its part of the judgment into court.” McPhee v. American Motorists Insurance Co., 57 Wis.2d 669, 680, 205 N.W.2d 152, 158 (1973).

In holding that tender of the policy limits alone did not operate to terminate the insurer’s continuing obligation to pay interest on the entire judgment, the Illinois Supreme Court stated:

Since the insurer conceded that it was liable for some interest and costs at the time of the alleged tender, although it disputed the exact amount, it should have been clear to the insurer that it did not make a legally valid tender. While it is true that interest is a separate and distinct obligation from the judgment, the provision in the policy only makes sense if the word “judgment” is read to include interest.

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Bluebook (online)
381 N.W.2d 855, 1986 Minn. App. LEXIS 3999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stibal-ex-rel-stibal-v-carland-minnctapp-1986.