United Fire & Casualty Co. v. Victoria

576 N.W.2d 118, 1998 Iowa Sup. LEXIS 68, 1998 WL 188268
CourtSupreme Court of Iowa
DecidedApril 22, 1998
Docket96-1451
StatusPublished
Cited by10 cases

This text of 576 N.W.2d 118 (United Fire & Casualty Co. v. Victoria) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Fire & Casualty Co. v. Victoria, 576 N.W.2d 118, 1998 Iowa Sup. LEXIS 68, 1998 WL 188268 (iowa 1998).

Opinion

LARSON, Justice.

United Fire & Casualty Co. filed this declaratory judgment action to determine the extent of coverage provided by its policy in which Mabel Victoria was the named insured. United contends that an automatic termination clause in the policy reheves it from any liability because the Victorias had purchased “similar” insurance from another company. In the alternative, United argues that a “family exclusion” in the policy relieves it from any liability to family members who were injured while occupying the insured car. The district court ruled against United on both issues. We affirm on the “similar” insurance termination issue, but reverse on the court’s order for “novation” of the policy to eliminate the family member exclusion.

While Mabel and her husband were residents of Goldfield, Iowa, Mabel purchased this policy from United. The policy period was October 29, 1993, to April 29, 1994. On January 4, 1994, the Victorias moved to Longmont, Colorado. On February 1, 1994, Mabel wrote to her United agent in Goldfield and told him of their new address. She informed him that one of the couple’s cars should be deleted from the policy because it had been transferred to their son. She inquired about receiving a refund for that vehicle. In addition, Mabel wrote “[t]he Colorado branch of [United] no longer writes *120 personal lines. Therefore, in April we will be changing car insurance companies.”

On April 25,1994, Mabel applied for coverage with State Farm Mutual Automobile Insurance Company through a Colorado agent. State Farm bound insurance coverage as of that day. The United policy was not set to expire until April 29, 1994, so for five days the Victorias were ostensibly covered by both the United and State Farm policies. During this period, on April 28, 1994, Mabel, Victor, and their son Roger, who was driving, collided head-on with a car driven by Timothy Hatting. Hatting was injured, as well as Victor and Roger. Mabel was killed.

After the accident, Victor and Roger Victoria filed claims with United. United and State Farm initially treated the claims as being subject to proration because of the apparent existence of coverage under both of the policies. The driver of the second car, Timothy Hatting, made a claim against the Victorias, and United and State Farm began the process of negotiating with Hatting’s insurance company with a view toward prorating his claims as well. United now claims that it has no coverage under its policy.

I. The Automatic Termination Clause.

United first .argues that it has no coverage because the policy was automatically terminated when the Victorias became insured by State Farm. United relies on this clause in its policy:

If you obtain other insurance on “your covered auto,” any similar insurance provided by this policy will terminate as to that auto on the effective date of the other insurance.

United argues that, while the policies are different in some respects, they are nevertheless “similar” for purposes of the automatic termination clause. They say this is so because the policies cover the same vehicle and provide the same general type of coverage even though there were differences in the policies, such as the limits of liability.

The Victorias respond that (1) this automatic termination clause violates Iowa Code section 515D.4 (1993), which provides the “permitted” grounds for cancellation of a policy; (2) the automatic termination provision is so ambiguous and confusing that it is unenforceable; (3) United is estopped from enforcing it; (4) there was no proof of the insured’s intention to cancel the United policy by buying a replacement policy; and (5) the United and State Farm policies were not “similar.” Because we resolve the issue on the fifth argument, the lack of similarity of the policies, we do not address the remaining arguments raised by the Victorias.

The United policy does not define “similar.” United argues that policies with different limits of liability are nevertheless “similar” for purposes of this clause if they provide the same general type of coverage. Here, United’s policy provided liability coverage of $250,000 per person and $500,000 per accident, while State Farm’s limits were $3.00,000 and $300,000, respectively. United argues that an insured can obtain lower limits of liability under a second policy and still have “similar” coverage.

It might well be the understanding of an insurance professional that these policies are similar. However, to an average policy buyer, a policy with substantially lower limits would not likely be viewed as “similar.” When the consequences of buying a similar policy are so serious as to cause an automatic termination, an insured should be informed as to what constitutes “similar” coverage. We have said that, “[w]hen interpreting ambiguous words in insurance contracts, the language should be interpreted from the viewpoint of an ordinary person, not a specialist or expert.” Steinbach v. Continental W. Ins. Co., 237 N.W.2d 780, 782 (Iowa 1976).

As one court concluded in a similar case, “[sjimilar” is not defined by the policy and may be used in English to mean the “same” or “identical” though it is defined as “showing some resemblance; related in appearance or nature; alike though not identical.” American Heritage Dictionary 1206 (1979). It is difficult to imagine being called upon to interpret a more imprecise term. This inherent vagueness fully justifies the conclusion that the term “similar” is ambiguous....
The rules require the court to resolve the ambiguity in favor of the insured and *121 interpret the provision “in its most inclusive sense, for the benefit of the insured.” Continental Cas. Co. [v. Phoenix Const. Co.], 46 Cal.2d [423,] 438, 296 P.2d 801, [810 (1956)]. The [two policies] are not the same; they provide different limits for third party liability. This difference is likely to be the most important and significant difference in the eyes of the insured.

Motors Ins. Corp. v. Bodie, 770 F.Supp. 547, 550 (E.D.Cal.1991) (footnote omitted) (applying California law) (policy providing bodily injury coverage of $25,000/$50,000 and property damage coverage of $10,000 not “similar” to policy providing bodily injury coverage of $15,000/$30,000 and property damage coverage of $10,000); accord Employers Mut. Cos. Co. v. Martin, 671 A.2d 798, 801 (R.I.1996) ($300,000 liability coverage under one policy and $200,000 under another; policies not similar under automatic termination provision).

This court applies an objective test to determine the existence of an ambiguity. The question is whether a genuine uncertainty exists as to which of two or more possible meanings is the proper one. FDIC v. American Cas. Co., 528 N.W.2d 605, 608 (Iowa 1995).

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Bluebook (online)
576 N.W.2d 118, 1998 Iowa Sup. LEXIS 68, 1998 WL 188268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-fire-casualty-co-v-victoria-iowa-1998.