Watson Quality Ford, Inc. v. Great River Insurance Co.

909 So. 2d 1196, 2005 Miss. App. LEXIS 72, 2005 WL 147734
CourtCourt of Appeals of Mississippi
DecidedJanuary 25, 2005
DocketNo. 2003-CA-01922-COA
StatusPublished
Cited by2 cases

This text of 909 So. 2d 1196 (Watson Quality Ford, Inc. v. Great River Insurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watson Quality Ford, Inc. v. Great River Insurance Co., 909 So. 2d 1196, 2005 Miss. App. LEXIS 72, 2005 WL 147734 (Mich. Ct. App. 2005).

Opinion

IRVING, J.,

for the Court.

¶ 1. Watson Quality Ford (Watson Quality) appeals from a summary judgment granted against it by the Circuit Court of the First Judicial District of Hinds County in a dispute with Great River Insurance Company (Great River) regarding coverage under an insurance policy issued by Great River to Watson Quality. Watson Quality asserts that the circuit court erred in granting summary judgment against it [1198]*1198because there exist genuine issues of fact regarding coverage under the insurance policy.

¶ 2. We find, that summary judgment was proper; therefore, we affirm the decision of the circuit court.

FACTS

¶ 3. On May 29, 1999, Christopher Redmond (Redmond) filed a complaint against Watson Quality Ford, Ted and Ruth Redmond, Ford Motor Credit, and East Ford. In the complaint, Redmond alleged that in early 1994, he purchased a 1994 Ford Tempo GL from East Ford, Inc. and had the vehicle financed with Mississippi Finance Service. In November 1994, he went on active duty with the military, and Ted and Ruth Redmond agreed to keep the Ford Tempo GL and make the payments on it as they came due. However, in June 1995, Ted and Ruth advised Redmond that they had returned the Ford Tempo GL to the financing entity and that no charges or fees were owed.

¶ 4. In July 1995, Redmond was denied credit because of slow payment or nonpayment on a 1995 Ford Windstar van. He then learned that Ted and Ruth were in possession of the Ford Windstar van. Upon Redmond’s confronting Ted and Ruth about the situation, they assured him that they would have the matter cleared up and the paperwork to the Ford Winds-tar changed to their names. Ted and Ruth later advised Redmond, however, that in order for them to return the Windstar van, it was necessary that he give them a power of attorney. Redmond executed a power of attorney for that limited purpose.

¶ 5. In mid-1996, Redmond was again denied credit. He learned this time that the denial of credit was due to late payment or nonpayment not on a 1995 Ford Windstar van, but on a 1996 Ford Winds-tar van.

¶ 6. The complaint also alleged that Ted and Ruth altered the power of attorney which Redmond signed. That power of attorney specifically stated that the 1995 Ford Windstar van would be returned, not sold or traded on Redmond’s behalf in order to purchase another vehicle.

¶ 7. The complaint further alleged that the conduct of Ted and Ruth, “in conjunction with the defendants, East Ford, Inc., and Watson Quality Ford, Inc., of forging and preparing fraudulent documents in conjunction with Ford Motor Credit Company whereby the defendants, Ted Redmond and Ruth Redmond, purchased vehicles and leased vehicles in ... [Redmond’s] name [was] fraud” and that East Ford and Watson Quality “knew that the documents were not signed by [Redmond] and that [Redmond] was not the party conducting business with [East Ford and Watson Quality].”

¶ 8. Finally, the complaint alleged that as a result of the aforementioned actions, Redmond had suffered a substantial loss of credit and had been denied access to credit.

¶ 9. After being served with Redmond’s complaint, Watson Quality contacted Great River and made a claim for coverage and a defense against Redmond’s lawsuit. Great River denied coverage but defended Watson Quality against Redmond’s complaint under a reservation of rights. Great River then filed a motion for a declaratory judgment that the claims made by Redmond against Watson Quality were not covered by the policy issued by Great River to Watson Quality and that Great River owed no duty to Watson Quality to defend against Redmond’s lawsuit. Great River subsequently filed a motion for summary judgment, alleging essentially what it had [1199]*1199alleged in its complaint for declaratory judgment.

¶ 10. The circuit court granted Great River’s motion for summary judgment, finding that the insurance polices did not provide coverage for Redmond’s claims and that Great River had no duty to defend Watson Quality. Disagreeing with the decision of the circuit court, Watson Quality has prosecuted this appeal.

STANDARD OF REVIEW

¶ 11. “This Court conducts a de novo review of orders granting or denying summary judgment and looks at all of the evidentiary matters before it, viewing the evidence in the light most favorable to the non-moving party.” Robinson v. Mississippi Valley Gas, 760 So.2d 41(¶ 4) (Miss.Ct.App.2000).

ANALYSIS AND DISCUSSION OF THE ISSUES

¶ 12. Watson Quality argues that the circuit court erred in granting Great River’s motion for summary judgment because “the language in the insurance policy is at best ambiguous as to whether the policy provides coverage for a claim brought by a third party.” Watson Quality also argues that since Great River prepared the insurance policy, any ambiguities are to be resolved in favor of Watson Quality. Watson Quality final argument is that even if the policy does not provide third party coverage, there is still coverage under the policy because it could suffer a direct loss resulting from Redmond’s claims. Watson Quality relies upon the “Forgery or Alteration” and “Employee Dishonesty” provisions of the policy for support of its argument that the policy provides coverage.

¶ 13. Great River first contends that provisions in the “General Exclusions” and “General Conditions” of the policy preclude any coverage. Great River next contends that the policy provides only first party coverage under the “Forgery and Alteration” and “Employee Dishonesty” provisions; that neither the lease nor the power of attorney is a covered instrument as defined in the policy; and that, assuming the policy covers claims by third parties, there is no “covered property” or “employee dishonesty.” Lastly, Great River contends that the policy specifically excludes loss resulting from dishonest or criminal acts committed by an employee.

¶ 14. In its opinion and order, the trial court held that there was no coverage for Christopher Redmond’s claims under the “Forgery or Alteration” and “Employee Dishonesty” provisions of the policy in question because the policy provided only first party coverage, not third party coverage, and even if the policy provided third party coverage, the allegations of Redmond’s complaint “do not fall within either of the two coverage parts.” We agree.

1. First party insurance coverage

¶ 15. The trial court correctly recognized the distinction between first party and third party insurance coverage. “First party coverage is a promise by an insurer to pay its own insured, rather than a promise to its insured to pay a third party.” Bausch & Lomb, Inc. v. Utica Mutual Ins. Co., 355 Md. 566, 735 A.2d 1081, 1090 (1999) (quoting Reese v. State Farm Mut. Auto. Ins., 285 Md. 548, 403 A.2d 1229, 1231 (1979)).

¶ 16. The relevant general employee dishonesty provisions of the Great River policy provide for first party, not third party coverage. The policy expressly states that Great River will not pay either for indirect loss resulting from payment of damages of any type for which Watson Quality is legally liable, or for any expenses related to any legal action. Fur[1200]

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Bluebook (online)
909 So. 2d 1196, 2005 Miss. App. LEXIS 72, 2005 WL 147734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-quality-ford-inc-v-great-river-insurance-co-missctapp-2005.