United States Fidelity & Guaranty Co. v. Sandt

854 P.2d 519, 215 Utah Adv. Rep. 3, 1993 Utah LEXIS 94, 1993 WL 184195
CourtUtah Supreme Court
DecidedMay 28, 1993
Docket900601
StatusPublished
Cited by56 cases

This text of 854 P.2d 519 (United States Fidelity & Guaranty Co. v. Sandt) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States Fidelity & Guaranty Co. v. Sandt, 854 P.2d 519, 215 Utah Adv. Rep. 3, 1993 Utah LEXIS 94, 1993 WL 184195 (Utah 1993).

Opinions

STEWART, Justice.

United States Fidelity & Guaranty Company (USF & G) appeals from a summary judgment awarding Robert and Linda Sandt $300,000 under their underinsured motorist coverage.

In July 1989, fifteen-year-old Sean Sandt was one of several passengers riding in a pickup truck owned by Pamela Sturgis and driven by Tony Holder. When Holder lost control of the truck, it rolled over, severely injuring Sean. Sean died several months later from his injuries. His medical expenses exceeded $400,000.

The Sturgis vehicle was insured against public liability claims by Farmers Insurance Company (Farmers). Farmers paid the Sandts the policy limit of $100,000. The Sandts then sought to recover $300,000 from their underinsured motorist coverage with USF & G. USF & G refused to pay the $300,000 claim and filed a declaratory judgment action.

USF & G argued to the trial court that the language of the policy excluded Sean Sandt from coverage because he was using the Sturgis vehicle without a “reasonable belief that [he was] entitled to do so.” USF & G also asserted that under the terms of the policy, USF & G was entitled to reduce its payment by the amount of the liability insurance that Farmers paid the Sandts. The trial court ruled that Sean was not excluded from coverage and that under the terms of the policy the Sandts were entitled to the full $300,000 of under-insured motorist coverage.

On appeal, USF & G attacks only the trial court’s holding that the Sandts were entitled to the full underinsured motorist coverage of $300,000. USF & G asserts that under the language of its underin-sured motorist coverage, it is liable for only $200,000 because the $100,000 Farmers paid to the Sandts must be deducted from the $300,000 limit. It relies on a paragraph in the underinsured motorist section entitled “Limit of Liability,” which states, “[T]he limit of liability shall be reduced by all sums paid because of the bodily injury by or on behalf of persons or organizations who may be legally responsible.” The Sandts rely on a paragraph labeled “Other Insurance” that states, “[A]ny insurance [i.e., underinsured motorist coverage] we provide with respect to a vehicle you do not own shall be excess over any other collectible insurance.” (Emphasis added.) We note that if entitled to the full $300,000, the Sandts will not receive a double recovery because their damages exceeded $400,000.

Underinsured motorist coverage provides first-party insurance protection for damages that exceed the limits of the tort-feasor’s bodily injury coverage. Un-derinsured motorist coverage is a facet of uninsured motorist coverage; its purpose is to provide insurance protection to the insured against damages caused by a negligent motorist as if the motorist had another liability policy in the amount of the underinsured policy. See 8C John A. Ap-pleman & Jean Appleman, Insurance Law & Practice § 5071.45, at 102-03 (1981); Higgins v. Fireman’s Fund Ins. Co., 160 Ariz. 20, 770 P.2d 324, 326 (1989).

The extent of USF & G’s liability in this case turns on the language of USF & G’s policy and the rules of construction that apply to insurance policies. Since 1921 this Court has expressed its commitment to the principle that “insurance policies should be construed liberally in favor of the insured and their beneficiaries so as to promote and not defeat the purposes of insurance.” Richards v. Standard Acc. Ins. Co., 58 Utah 622, 200 P. 1017, 1020 (1921); Colovos v. Home Life Ins. Co., 83 Utah 401, 28 P.2d 607, 610 (1934); see also [522]*522Browning v. Equitable Life Assur. Soc., 94 Utah 570, 80 P.2d 348, 352 (1938) [hereinafter Browning II] (“In construing a policy of life insurance, that interpretation is to be placed upon the words of the policy which is most favorable to the insured.”). This fundamental rule is based on the fact that an insurance policy is a classic example of an adhesion contract.

Insurance contracts are typically drafted by insurance company attorneys who are duty-bound to protect the interests of their clients. The terms of a typical insurance policy are not negotiated by the insurer and the insured. A policy is usually offered on a take-it-or-leave-it basis. In 1937, this Court described the one-sided manner in which insurance contracts are drafted:

Insurance policies, while in the nature of written contracts, are not prepared after negotiations between the parties, to embrace the terms at which the parties have arrived in their negotiations. They are prepared beforehand by the insurer, and the company solicitors then sell the insurance idea to the applicant. Normally, the details and provisions of the policy are not discussed, except that the particular form of policy is best suited to give the applicant the protection he seeks. If he reads the policy he is generally not in a position to understand its details, terms, and meaning except that, in the event against which he seeks insurance, the company will pay the stipulated sums. He seldom sees the policy until it has been issued and is delivered to him. He signs an application blank in which the policy sought is described either by form number or by a general designation, pays his premium, and in due course thereafter receives, either from the agent or through the mails, his policy. Many of its terms and all of its defenses and super-refinements he has never heard of and would not understand them if he read them. Such fact is evident from the fact that cases like this arise where lawyers and courts disagree as to what such provisions mean. In fact, there are about as many different constructions by the courts of terms such as those involved here as there are insurance companies issuing such policies. For this reason the rule of strictissimi juris has been applied almost universally to insurance contracts, and this jurisdiction, like many others, has declared in favor of a liberal construction in favor of the insured to accomplish the purpose for which the insurance was taken out and for which the premium was paid.

Browning v. Equitable Life Assur. Soc., 94 Utah 532, 72 P.2d 1060, 1073 (1937) (Larson, J., concurring in part, joined by Folland, C.J., Hanson, J., and Moffat, J.) [hereinafter Browning /] (emphasis added); see also Gibson v. Equitable Life Assur. Soc., 84 Utah 452, 36 P.2d 105, 109 (1934).

Thirty years after Browning I, this Court reaffirmed the proposition that insurance policies should be strictly construed against the insurer and in favor of the insured because they are adhesion contracts drafted by the insurance companies. DiEnes v. Safeco Life Ins. Co., 21 Utah 2d 147, 150, 442 P.2d 468, 471 (Utah 1968). In DiEnes, the Court quoted the paragraph from Browning I set out above and characterized it as “[t]he rule for interpreting an insurance policy.” Id. at 150, 442 P.2d at 471. In Whitlock v. Old American Insurance Co., 21 Utah 2d 131, 135, 442 P.2d 26, 28 (Utah 1968), the Court reiterated this rule, stating,

“We have heretofore held that the insured is entitled to the broadest coverage he could reasonably understand from the policy.”

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854 P.2d 519, 215 Utah Adv. Rep. 3, 1993 Utah LEXIS 94, 1993 WL 184195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-fidelity-guaranty-co-v-sandt-utah-1993.