Ulsas v. Progressive Northwestern Insurance Co.

275 S.W.3d 366, 2009 Mo. App. LEXIS 38, 2009 WL 214382
CourtMissouri Court of Appeals
DecidedJanuary 27, 2009
DocketED 91558
StatusPublished
Cited by2 cases

This text of 275 S.W.3d 366 (Ulsas v. Progressive Northwestern Insurance Co.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ulsas v. Progressive Northwestern Insurance Co., 275 S.W.3d 366, 2009 Mo. App. LEXIS 38, 2009 WL 214382 (Mo. Ct. App. 2009).

Opinion

SHERRI B. SULLIVAN, J.

Introduction

Progressive Northwestern Insurance Company (Progressive) appeals from the circuit court’s judgment granting Sarah Ulsas’s (Ulsas) motion for summary judgment. We reverse and remand.

Factual and Procedural Background

Progressive issued Jack Campbell an insurance policy (policy) covering a 2003 Sea-Doo GTX (Sea-Doo) owned by Jack Campbell for the period from May 23, 2004 through May 23, 2005. On July 10, 2004, Ulsas was operating the Sea-Doo with Jack Campbell’s permission. Ulsas and the Sea-Doo collided with the personal watercraft being operated by Justin Campbell, Jack Campbell’s son. Justin Campbell filed a lawsuit in the Circuit Court of St. Louis County alleging bodily injuries resulting from the collision.

Ulsas sought coverage under the policy, requesting Progressive provide for her de *368 fense and indemnify her for any potential liability she may incur in Justin Campbell’s lawsuit. Progressive denied Ulsas’s request.

On September 12, 2007, Ulsas filed a Petition for Declaratory Judgment alleging that, pursuant to the policy, Progressive has a duty to defend her in the underlying action by Justin Campbell and to indemnify her for any liability she may incur as a result of that proceeding. The parties submitted cross-motions for summary judgment.

On May 27, 2008, the circuit court entered its Order and Judgment denying Progressive’s motion for summary judgment and granting Ulsas’s motion and entering summary judgment in favor of Ul-sas and against Progressive. The court found that: (1) the policy afforded coverage for the claims asserted by Justin Campbell, (2) Progressive had a duty and obligation to provide Ulsas with a defense on the claims asserted by Justin Campbell in the underlying action, and (3) Progressive had a duty and obligation to indemnify Ulsas for any liability she may incur in the underlying action up to the applicable limit of liability.

Point on Appeal

On appeal, Progressive argues the circuit court erred in granting Ulsas’s motion for summary judgment because the policy excludes coverage for Justin Campbell’s alleged personal injuries and does not require Progressive to defend or indemnify Ulsas in the underlying action in that the policy excludes coverage for bodily injury to a relative of the named insured and Justin Campbell was such a relative as defined by the policy.

Standard of Review

We review the trial court’s grant of summary judgment essentially de novo. ITT Comm. Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993). We will uphold summary judgment on appeal only where there is no genuine issue of material fact and the mov-ant is entitled to judgment as a matter of law. Id. The record is viewed in the light most favorable to the party against whom judgment was entered. Citibrook II, L.L.C. v. Morgan’s Foods of Missouri, Inc., 239 S.W.3d 631, 634 (Mo.App. E.D.2007).

Discussion

The policy provides in pertinent part:

GENERAL DEFINITIONS
Except as otherwise defined in this policy, terms appearing in boldface will have the following meaning:
* * *
14. “Relative” means a person residing in the same household as you, and related to you by blood, marriage, or adoption, including a ward, stepchild, or foster child. Unmarried dependent children temporarily away from home will be considered residents if they intend to continue to reside in your household.
* * *
18. “You” and “your” mean a person shown as a named insured on the Declarations Page, and that person’s spouse residing in the same household.
PART I-LIABILITY TO OTHERS
INSURING AGREEMENT — BODILY INJURY
Subject to the Limits of Liability, if you pay a premium for bodily injury liability coverage, we will pay damages, other than punitive or exemplary damages, for bodily injury for which an insured person becomes legally responsible because *369 of an accident arising out of the ownership, maintenance, or use of a watercraft.
* * *
ADDITIONAL DEFINITION
When used in this Part I, “insured person” or “insured persons” means:
* * *
2. any person with respect to an accident arising out of that person’s use of a covered watercraft with the express or implied permission of you or a relative;
[[Image here]]
EXCLUSIONS — READ THE FOLLOWING EXCLUSIONS CAREFULLY. IF AN EXCLUSION APPLIES, COVERAGE WILL NOT BE AFFORDED UNDER THIS PART I.
Coverage under this Part I, including our duty to defend, does not apply to:
* * *
12. bodily injury to you or a relative[.]

“Generally, if a term is defined in an insurance policy, we look to that definition and nowhere else.” State Farm Fire & Cas. Co. v. Berra, 891 S.W.2d 150, 152 (Mo.App. E.D.1995). Absent statutory restrictions, the parties will be bound by the terms and definitions they chose to use in the policy. Id. A policy is ambiguous when the meaning of the words in the policy are duplicitous, indistinct, or uncertain. Id. In the absence of ambiguity, or a statute or public policy requiring coverage, the policy must be enforced as written. State Farm Mut. Auto. Ins. Co. v. Butler, 904 S.W.2d 350, 352 (Mo.App. E.D.1995).

The parties agree that Ulsas was a permissive user of a watercraft covered by the policy and, therefore, was an “insured” under Part I of the policy. The parties also agree that Ulsas is not related to Justin or Jack Campbell, but that Justin Campbell is related to Jack Campbell and lives in his household. The parties’ primary dispute is whether the household exclusion serves to exclude liability coverage for bodily injury to Justin Campbell.

Progressive argues that they have no duty to defend or indemnify Ulsas in the underlying action because the policy excludes coverage for “bodily injury to you or a relative” and Justin Campbell is a “relative” of Jack Campbell.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
275 S.W.3d 366, 2009 Mo. App. LEXIS 38, 2009 WL 214382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ulsas-v-progressive-northwestern-insurance-co-moctapp-2009.