Wille v. Farm Bureau Mutual Insurance Co.

432 N.W.2d 784, 1988 Minn. App. LEXIS 1223, 1988 WL 130888
CourtCourt of Appeals of Minnesota
DecidedDecember 13, 1988
DocketC7-88-1096
StatusPublished
Cited by7 cases

This text of 432 N.W.2d 784 (Wille v. Farm Bureau Mutual Insurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wille v. Farm Bureau Mutual Insurance Co., 432 N.W.2d 784, 1988 Minn. App. LEXIS 1223, 1988 WL 130888 (Mich. Ct. App. 1988).

Opinion

OPINION

SCHUMACHER, Judge.

Respondent Albert Wille brought a declaratory judgment action seeking to stack underinsured benefits of separate insurance policies on his two vehicles. Farm Bureau Insurance Co., appellant, brought a summary judgment motion. The trial court denied Farm Bureau’s motion and granted summary judgment for Wille. Farm Bureau appeals.

FACTS

On December 24, 1984, in Janesville, Minnesota, respondent Albert Wille was struck by a vehicle owned by Rick Scholl and driven by Raymond Scholl. Both the Scholls were residents of the State of Minnesota. Wille was visiting his daughter at the time. He was getting into his automobile when he was struck and sustained personal injuries as a result.

Wille was a resident of Williamsburg, Iowa and also worked in Iowa. He owned two vehicles, a 1979 Ford and a 1979¾ ton pick-up truck that were registered in Iowa and principally garaged in Iowa. Each vehicle was insured through a separate policy by appellant Farm Bureau Mutual Insurance Company (“Farm Bureau”). Each policy has underinsured motorist coverage limits of $25,000 per person and $50,000 per accident. The policies contained language prohibiting stacking of benefits.

Compensation is available to Wille from various insurance policies. Rick Scholl, owner of the vehicle that struck Wille, and Raymond Scholl, the driver of the vehicle, both have automobile insurance with policy limits of $25,000 for liability. The trial court found that Wille has received thus far the $25,000 underinsured limits on the policy covering his 1979 Ford and the $25,-000 liability limits on the Raymond Scholl vehicle.

Wille brought an action against Farm Bureau in December, 1986 seeking a declaratory judgment permitting him to recover the $25,000 underinsured benefits available under the policy on his truck. Wille alleged that his damages were greater than the sums he has already received. In February 1988, Farm Bureau brought a summary judgment motion on Wille’s complaint. On April 7, 1988 the trial court granted Wille summary judgment.

ISSUE

Does Iowa law or Minnesota law apply to the enforcement of anti-stacking provisions in Wille’s insurance policy with Farm Bureau?

ANALYSIS

When reviewing an award for summary judgment, this court must determine whether there are any genuine issues of material fact and whether appellant is entitled to summary judgment as a matter of law. Betlach v. Wayzata Condominium, 281 N.W.2d 328, 330 (Minn.1979). In the present case, the parties do not dispute the facts. This court is not bound by the trial court’s conclusions of law. A.J. Chromy Construction Co. v. Commercial Mechanical Services, Inc., 260 N.W.2d 579, 582 (Minn.1977).

This is a choice-of-law case. Iowa law would enforce the anti-stacking provisions of Farm Bureau’s policy issued to Wille. Minnesota law at the time of the accident would deny enforcement of those provisions. See Hague v. Allstate Insurance Co., 289 N.W.2d 43, 49 (Minn.1978) aff'd on rehearing, 289 N.W.2d at 50 (Minn.1979) cert. granted 444 U.S. 1070, 100 S.Ct. 1012, 62 L.Ed.2d 750 (1980) aff'd 449 U.S. 302, 101 S.Ct. 633, 66 L.Ed.2d 521 (1981) reh’g denied 450 U.S. 971, 101 S.Ct. 1494, 67 L.Ed.2d 623 (1981).

*786 The first step in analyzing this choice-of-law question is to determine whether the forum state and the alternative state have sufficient contacts to pass constitutional due process demands. Neither party charges that contacts with either Minnesota or Iowa are so insufficient as to forbid application of that state’s law to the case. Minnesota is the site of the accident, the resident state of the other vehicle involved and a state in which Farm Bureau is licensed to do business. Similar contacts were held sufficient in Hime v. State Farm Fire & Casualty Co., 284 N.W.2d 829, 832 (Minn.1979), cert. denied 444 U.S. 1032, 100 S.Ct. 703, 62 L.Ed.2d 668 (1980).

The second step requires the court to examine five factors, namely:

1) predictability of results;
2) maintenance of interstate and international order;
3) simplification of the judicial task;
4) advancement of the forum’s governmental interest;
5) application of the better rule of law

Hime, 284 N.W.2d at 833 (quoting Milkovich v. Saari, 295 Minn. 155, 203 N.W.2d 408, 412 (1973)).

1.) Predictability of results

The supreme court has applied this factor “primarily to consensual transactions where the parties desire advance notice of which state law will govern in future disputes.” Hime, 284 N.W.2d at 833. The policy in the present case does not require that Iowa’s law be used in interpreting the policy’s provisions.

An automobile insurer has no reasonable expectation that the law of the issuing state will govern the policy.

When an insurance company doing business in a number of states writes a policy on an automobile, the company knows the automobile is a movable item which will be driven from state to state. The company, therefore, accepts the risk that the insured may be subject to liability not only in the state where the policy is written, but also in states other than where the policy is written, and that in many instances those states will apply their own law to the situation.

Hague, 289 N.W.2d at 50.

2.) Maintenance of interstate and international order

This factor requires sufficient contacts between the state whose law is applied and the transaction. Hague, 289 N.W.2d at 48. The accident occurred in Minnesota with a Minnesota resident and a vehicle licensed in Minnesota. Farm Bureau is licensed to do business in Minnesota. These contacts are sufficient to warrant application of Minnesota law. See Hime, 284 N.W.2d at 833.

3.) Simplification of the judicial task

There is no difficulty in applying the law of either state as both parties agree that in 1984, Minnesota law would permit stacking and Iowa law would not.

4.) Advancement of the forum's governmental interest

“Minnesota’s governmental interest will most clearly be advanced by application of Minnesota law.” Hague, 289 N.W.2d at 49.

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Cite This Page — Counsel Stack

Bluebook (online)
432 N.W.2d 784, 1988 Minn. App. LEXIS 1223, 1988 WL 130888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wille-v-farm-bureau-mutual-insurance-co-minnctapp-1988.