Waring v. Moore

74 A.3d 685, 2013 WL 4779727, 2013 D.C. App. LEXIS 510
CourtDistrict of Columbia Court of Appeals
DecidedAugust 22, 2013
DocketNo. 12-CV-0556
StatusPublished

This text of 74 A.3d 685 (Waring v. Moore) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Waring v. Moore, 74 A.3d 685, 2013 WL 4779727, 2013 D.C. App. LEXIS 510 (D.C. 2013).

Opinion

McLEESE, Associate Judge:

This case presents the question whether a taxicab involved in an accident was “uninsured” under District of Columbia law, thereby triggering uninsured-vehicle coverage. The trial court concluded that the taxicab at issue was not “uninsured.” We reverse.

I.

The parties do not dispute the following facts. While driving a vehicle insured by AIG, Ms. Waring was involved in an accident with a taxicab driven by Mr. Moore. Ms. Waring initially filed a claim with Mr. Moore’s insurance company, which disclaimed coverage for the incident on the ground that Mr. Moore had failed to provide timely notice of the accident pursuant to the terms of his insurance contract. Ms. Waring then sought recovery from AIG under a provision in the insurance policy providing coverage for damages suffered in accidents involving uninsured vehicles. AIG rejected Ms. Waring’s claim.

Ms. Waring subsequently sued AIG for breach of contract, arguing that Mr. Moore was “uninsured” for the purposes of AIG’s uninsured-vehicle coverage.1 The [686]*686trial court granted summary judgment for AIG, concluding that a taxicab covered by an insurance policy cannot be considered uninsured, because D.C.Code § 50 — 814(c) makes taxicab insurers absolutely liable for claims brought against the driver of the insured taxicab.

II.

To prevail on a motion for summary judgment, a party “must establish that there is no genuine issue of material fact and that he or she is entitled to judgment as a matter of law.” Northbrook Ins. Co. v. United Servs. Auto. Ass’n, 626 A.2d 915, 917 (D.C.199B). In reviewing orders granting summary judgment, this court conducts an independent examination of the record and applies the same standard as the trial court. Id. We construe the record in the light most favorable to the party opposing summary judgment. Id. “This court reviews both trial court decisions granting summary judgment and questions of statutory interpretation de novo.” District of Columbia v. Place, 892 A.2d 1108, 1110-11 (D.C.2006).

The trial court and the parties viewed the issue in this case as one of statutory construction: whether Mr. Moore’s taxicab was an uninsured vehicle within the meaning of D.C.Code § 31 — 2406(f) (2001-2012). Section 31 — 2406(f) requires automobile insurers to include in their policies coverage for accidents involving uninsured motor vehicles. See also Macci v. Allstate Ins. Co., 917 A.2d 634, 636 (D.C.2007). Section 31 — 2406(f)(1)(B) defines “uninsured motor vehicle” as including motor vehicles that are “covered by a motor vehicle liability policy of insurance but [as to which] the insurer denies coverage for any reason .... ” In determining whether AIG’s obligation to provide uninsured-vehicle coverage was triggered, we consider as well the wording of the insurance policy. See, e.g., Hill v. Maryland Cas. Co., 620 A.2d 1336, 1337 & n. 2 (D.C.1993). That policy provides for uninsured-vehicle coverage, and defines “uninsured motor vehicle” as including vehicles “for which an insuring or bonding company denies coverage.” Neither party has suggested that the insurance policy’s definition of “uninsured motor vehicle” should be construed differently from the statutory definition of the term. We therefore focus, as the trial court and the parties have, on the language of § 31 — 2406(f)(1)(B).

As previously noted, the provision requiring uninsured-vehicle coverage defines “uninsured motor vehicle” as including motor vehicles that are “covered by a motor vehicle liability policy of insurance but [as to which] the insurer denies coverage for any reason....” D.C.Code § 31-2406(f)(1)(B). The trial court appears to have assumed that Mr. Moore’s insurer “denied coverage” with respect to the accident at issue.2 The trial court reasoned, [687]*687however, that Mr. Moore’s taxicab could not be viewed as “uninsured,” because a separate provision, D.C.Code § 50-314(c), made Mr. Moore’s insurer absolutely liable for any claim in connection with the accident at issue in this case.3 We reach a different conclusion about the relationship between § 31-2406(f)(l)(B) and § 50-314(c).

In essence, the trial court concluded that the disclaimer of coverage by Mr. Moore’s insurer could not trigger AIG’s duty to provide uninsured-vehicle coverage, because the insurer’s disclaimer was legally invalid in light of § 50-314(c)’s imposition of absolute liability. But § 31-2406(f)(1)(B) by its terms is not limited to instances in which the insurer validly denies coverage. Rather, it applies when the insurer denies coverage “for any reason.” Although this court does not appear to have addressed the issue, courts in other jurisdictions have interpreted statutory or contractual provisions similar to § 31-2406(f)(1)(B) to apply without regard to whether the insurer’s denial of insurance coverage was legally valid. See, e.g., Allstate Ins. Co. v. Jones, 261 Va. 444, 544 S.E.2d 320, 322-23 (2001) (under statute providing that “uninsured motor vehicle’ means a motor vehicle for which ... there is ... insurance but the insurer ... denies coverage for any reason whatsoever, including failure or refusal of the insured to cooperate with the insurer,” driver’s vehicle became uninsured when insurer denied coverage on ground that driver had breached duty to cooperate as required by terms of policy); Home Ins. Co. v. Williams, 252 Ark. 1012, 482 S.W.2d 626, 629 (1972) (vehicle considered uninsured because policy provided that vehicle is uninsured if “with respect to [the vehicle] there is a bodily injury liability bond or insurance policy applicable at the time of the accident but the company writing the same denies coverage thereunder,” and “[t]he driver of the car and its owner testified that their individual liability insurance carrier disclaimed coverage”); Omaha Indem. Co. v. Pall, Inc., 817 S.W.2d 491, 493, 498-99 (Mo.Ct.App.1991) (where tort victim’s insurance policy defined vehicle as uninsured if insurer “de-nie[d] coverage,” denial of coverage by tortfeasor’s insurer rendered tortfeasor’s vehicle uninsured, whether or not denial of coverage was legally valid). See generally 2 Irvin E. Schermer & William J. Schermer, Automobile Liability Insurance 4-th § 23:26, at 23^9 (2012) (“A[n] uninsured motorist coverage insurer is ordinarily es-topped to contest the validity or the bona fides of an express denial of coverage in a direct contest between only itself and its insured. [A] mere denial of coverage ...

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

Related

Allstate Insurance Co. v. Jones
544 S.E.2d 320 (Supreme Court of Virginia, 2001)
Van Kampen v. Waseca Mutual Insurance Co.
754 N.W.2d 578 (Court of Appeals of Minnesota, 2008)
Northbrook Insurance Co. v. United Services Automobile Ass'n
626 A.2d 915 (District of Columbia Court of Appeals, 1993)
Hill v. Maryland Casualty Co.
620 A.2d 1336 (District of Columbia Court of Appeals, 1993)
Allstate Insurance v. Citizens Insurance Co. of America
325 N.W.2d 505 (Michigan Court of Appeals, 1982)
Home Insurance v. Williams Ex Rel. Williams
482 S.W.2d 626 (Supreme Court of Arkansas, 1972)
Boulnois v. STATE FARM MUTUAL AUTOMOBILE INS. CO
286 So. 2d 264 (District Court of Appeal of Florida, 1973)
District of Columbia v. Place
892 A.2d 1108 (District of Columbia Court of Appeals, 2006)
MacCi v. Allstate Insurance
917 A.2d 634 (District of Columbia Court of Appeals, 2007)
Omaha Indemnity Co. v. Pall, Inc.
817 S.W.2d 491 (Missouri Court of Appeals, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
74 A.3d 685, 2013 WL 4779727, 2013 D.C. App. LEXIS 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waring-v-moore-dc-2013.