Tyrrell v. Farmers Ins. Co. of Washington

994 P.2d 833
CourtWashington Supreme Court
DecidedMarch 9, 2000
Docket67862-6
StatusPublished
Cited by42 cases

This text of 994 P.2d 833 (Tyrrell v. Farmers Ins. Co. of Washington) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tyrrell v. Farmers Ins. Co. of Washington, 994 P.2d 833 (Wash. 2000).

Opinion

994 P.2d 833 (2000)
140 Wash.2d 129

Michael D. TYRRELL, Respondent,
v.
FARMERS INSURANCE COMPANY OF WASHINGTON, Petitioner.

No. 67862-6.

Supreme Court of Washington, En Banc.

Argued January 13, 2000.
Decided March 9, 2000.

*834 Diehl Rettig, Cheryl Adamson, Kennewick, for Petitioner.

*835 Timothy B. Fennessy, Spokane, for Respondent.

GUY, C.J.

Michael Tyrrell, respondent, brought an action in Spokane County Superior Court against Farmers Insurance Company of Washington (Farmers), petitioner, requesting a declaratory judgment that Tyrrell's tripping while exiting a camper attached to his pickup truck, with alleged injuries resulting, was a "motor vehicle accident" covered under the personal injury provisions (PIP) of his automobile insurance policy. The trial court granted Tyrrell's motion for partial summary judgment on this question. Farmers appealed, arguing in relevant part that the legal conclusion that Tyrrell's injuries were the product of a "motor vehicle accident" was clearly erroneous. Division Three of the Court of Appeals affirmed. Farmers petitioned for this Court's review. We granted review, and now reverse the Court of Appeals and remand to the trial court for an entry of summary judgment in Farmers' favor.

FACTS

The following facts are undisputed. In 1992, Tyrrell, a chiropractor, parked a 1986 Toyota one-ton pickup, to which a detachable camper was affixed, in a Spokane park for overnight camping. The vehicle was insured by Farmers. The camper's purchase, occurring three or four years after that of the truck, had included a single, unattached wooden object used as a step to make entering and exiting easier. Upon exiting the camper, Tyrrell stepped down from the truck's tailgate onto the unattached wooden step that had been placed on the ground. The step somehow gave way, causing Tyrrell to fall. In falling, his arm caught on the edge of the tailgate, cutting it. He then landed on a rock, further injuring himself. In addition to minor wounds, Tyrrell suffered two compression fractures in his back. Tyrrell first notified Farmers of the incident a few months later. Two and a half years later he filed a claim with Farmers under his policy's PIP provisions seeking payment for medical expenses, wage loss, and the purchase of a Nordic Track and medical equipment. Farmers denied the claim.

Tyrrell filed an action in Spokane County Superior Court seeking a declaratory judgment that the accident was covered under the PIP provisions of his Farmers policy. Farmers answered with two affirmative defenses: (1) The injuries were not caused by a "motor vehicle accident" and, thus, were not covered by the Farmers policy; and (2) Tyrrell breached conditions in his Farmers policy precedent to invoking its coverage by failing to cooperate with Farmers and timely submit his claim form. Farmers moved for summary judgment on the question of whether Tyrrell's injury claim was the result of a "motor vehicle accident" within the insurance policy's coverage, arguing it was not. Tyrrell cross-claimed for a partial summary judgment finding that there was coverage. The trial judge granted partial summary judgment on this question to Tyrrell and denied Farmers' motion. Farmers then moved for summary judgment on its second affirmative defense: breach of the policy's cooperation clause. This motion was also denied,[1] thus reserving this fact question for trial. Farmers appealed to Division Three of the Court of Appeals, which affirmed the trial court. See Tyrrell v. Farmers Ins. Group of Cos., 94 Wash.App. 320, 971 P.2d 960 (1999). Farmers then petitioned for this Court's review, and review was granted.

ISSUE

Was Tyrrell's injury claim the result of a "motor vehicle accident" covered by his automobile insurance policy?

ANALYSIS

The central issue in this case is whether Tyrrell's injury claim could have been covered by his automobile insurance policy inasmuch as the policy limits coverage to claims for "bodily injury to each insured person *836 caused by a motor vehicle accident." Clerk's Papers at 92 (emphasis added).

In reviewing an appealed summary judgment order, this Court engages in the same inquiry as the trial court. See Roller v. Stonewall Ins. Co., 115 Wash.2d 679, 682, 801 P.2d 207 (1990) (citing Wendle v. Farrow, 102 Wash.2d 380, 383, 686 P.2d 480 (1984)). Roller noted that where facts are not in dispute, "coverage depends solely on the language of the insurance policy"—and the interpretation of that language is a question of law reviewed de novo. Roller, 115 Wash.2d at 682, 801 P.2d 207 (citations omitted). "In construing the language of an insurance policy, the policy should be given a fair, reasonable, and sensible construction as would be given to the contract by the average person purchasing insurance." Roller, 115 Wash.2d at 682, 801 P.2d 207 (citing E-Z Loader Boat Trailers, Inc. v. Travelers Indem. Co., 106 Wash.2d 901, 907, 726 P.2d 439 (1986)).

In reviewing the policy, it is considered as a whole so as to give effect to every clause in it. See Kitsap County v. Allstate Ins. Co., 136 Wash.2d 567, 575, 964 P.2d 1173 (1998) (citing American Star Ins. Co. v. Grice, 121 Wash.2d 869, 877, 854 P.2d 622 (1993), supplemented by, 123 Wash.2d 131, 865 P.2d 507, 44 A.L.R.5th 905 (1994)). This Court examines the policy's terms "to determine whether under the plain meaning of the contract there is coverage." Kitsap County, 136 Wash.2d at 576, 964 P.2d 1173 (citing Boeing Co. v. Aetna Cas. & Sur. Co., 113 Wash.2d 869, 876, 784 P.2d 507, 87 A.L.R.4th 405 (1990)). Where terms are undefined, they "must be given their `plain, ordinary, and popular' meaning." Kitsap County, 136 Wash.2d at 576, 964 P.2d 1173 (quoting Boeing, 113 Wash.2d at 877, 784 P.2d 507). In determining this meaning, standard English dictionaries may be used. See Kitsap County, 136 Wash.2d at 576, 964 P.2d 1173.

Where policy language is "clear and unambiguous," and not fairly susceptible to two different reasonable interpretations, courts may not create an ambiguity. Kitsap County, 136 Wash.2d at 576, 964 P.2d 1173 (citing

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Cite This Page — Counsel Stack

Bluebook (online)
994 P.2d 833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyrrell-v-farmers-ins-co-of-washington-wash-2000.