Winecoff v. Nationwide Mutual Insurance Company

444 S.W.2d 84, 223 Tenn. 267, 1969 Tenn. LEXIS 411
CourtTennessee Supreme Court
DecidedJuly 18, 1969
StatusPublished
Cited by14 cases

This text of 444 S.W.2d 84 (Winecoff v. Nationwide Mutual Insurance Company) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Winecoff v. Nationwide Mutual Insurance Company, 444 S.W.2d 84, 223 Tenn. 267, 1969 Tenn. LEXIS 411 (Tenn. 1969).

Opinions

[269]*269Mr. Justice Creson

delivered the opinion of the Court.

Nationwide Mutual Insurance Company appeals to this Court from a decree of the Chancery Court of Davidson County sustaining the allegations of the original bill for a declaratory judgment filed by Henry Merlin Wine-coff, Jr.

Hereinafter, reference will be made to the parties as they appeared in the trial court; that is, Henry Merlin Winecoff, Jr. as complainant, and Nationwide Mutual Insurance Company as defendant.

Complainant resided in North Carolina on November 12, 1964. On that date defendant issued to complainant a liability insurance policy with coverage for two vehicles for six months. The limits of liability were (1) $5,000.00 for injury to one person and (2) $10,000.00 for injuries in any one accident. This policy contained the following provision:

‘ ‘ This policy does not comply with motorists ’ financial responsibility laws unless there is a premium charge shown for Coverages D and E.”

Premium charges were shown on the face of the policy for coverages D and E, as mentioned above. The policy also contained the following provision with reference to financial responsibility laws:

“When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such [270]*270insurance as is afforded by this policy for bodily injury liability or for property damage liability shall comply with the provisions of such law to the extent of the coverage and limits of liability required by such law, but in no event in excess of the limits of liability stated in this policy. The Insured agrees to reimburse the Company for any payment made by the Company which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph.”

In the same month that the policy was issued in North Carolina complainant moved to Nashville, Tennessee, where he purchased a home and has continued to reside.

On May 11, 1965, complainant mailed to defendant a check for $58.10 in response to a bill for a renewal premium sent him by defendant and also completed a “change of address form” appearing on the reverse side of the premium notice. Defendant received the check and notice of the change of address on May 17,1965.

The parties stipulated that, upon receipt of the check and notice of change of address, defendant11 set in motion its inter-region transfer procedure * * *” The entire premium collected was sent to Memphis, Tennessee, “in order that new policies might be issued to complainant covering his two vehicles previously covered in one policy.”

On May 26, 1965, complainant’s wife was involved in an automobile accident which resulted in serious injuries and exposed complainant to possible liability greater than $5,000.00. The accident was promptly reported and defendant undertook investigation of the mishap.

[271]*271Between the date of the accident and June 29, 1965, defendant sent complainant a hill for an additional premium in the amount of $18.50 for increase of complainant’s coverage to (1) $10,000.00 for injury to one person and (2) $20,000.00 for injuries in any one accident.

Defendant issued two policies, at Nashville, each of which stated the policy period under Item 3 thereof: “From 6/18/1965 to six months following 5/12/1965.” These policies contain the following language:

“This policy does not comply with motorists’ financial responsibility laws of your state unless there is a premium charge shown for Coverages C(l) and C(2) in Item 5.”

The policies reveal that premium charges were made for C(l) and C(2) in Item 5. With regard to financial responsibility laws these policies contain the following further provision:

“The limits of the Company’s liability under Coverages C(l) and C(2) shall comply with the limits of liability required by any applicable motor vehicle financial responsibility law.
When certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this Policy under Coverages C(l) and C(2) shall comply with the provisions of such law to the extent of the coverage required by such law.”

Complainant filed an original bill for a declaratory judgment, praying for a declaration of the rights of the parties and, in particular, for a declaration that complainant is entitled to insurance coverage of $10,000.00 [272]*272with, regard to the automobile accident which occurred May 26, 1965.

The answer of defendant admitted the allegations of fact contained in the original bill, but denied that the insurance coverage provided at the time of the accident was greater than $5,000.00 for injury to one person.

The case was heard in the trial court upon argument of counsel and stipulation of facts, as set out above. In a memorandum opinion, the trial court found the renewed policy; that is, the policy issued in Nashville, Tennessee, “ambiguous in its period of coverage” and ruled that such part of the policy “should be construed strictly against the company.” The trial court sustained the allegations of the origional bill and entered a decree which is, in part, as follows:

‘that it was the duty of the defendant, Nationwide Mutual Insurance Company, to provide insurance coverage to the complainant, Henry Merlin Winecoff, Jr., as of the date of the accident, May 26,1965, with limits of $10,000 for injury to any one person and $20,000 for injuries arising out of any one accident, and that the complainant was, therefore, insured by the defendant as of the date of the accident May 26,1965, with limits of $10,000 for injury to any one person and limits of $20,000 for injuries arising out of any one accident.

Defendant excepted to the decree and perfected an appeal to this Court. Five errors have been assigned on appeal. They are, in substance, that the trial court erred (1) in sustaining the original bill, (2) in ruling that it was the duty of defendant to insure complainant to the extent promised in the financial responsibility section of the North Carolina policy, (3) in ruling that the policy [273]*273period of the Tennessee policy is ambiguous and should be strictly construed against defendant, (4) in ruling that defendant had a duty to notify complainant if defendant did not intend to provide coverage to meet statutory requirements, and (5) in ruling that it was the duty of defendant to provide complainant with insurance coverage of $10,000.00 for injury to any one person, and $20,000.00 for injuries arising from any one accident.

As stated, the essence of the opinion of the trial court is that ambiguity exists as to the time of coverage of insurance policies under examination.

The period of insurance coverage of the policy issued in Tennessee “From 6/18/1965 to six months following 5/12/1965/’ while undeniably complex, cannot, we think, be said to be ambiguous. It seems plain to us that the date of the policy is June 18, 1965, but it is equally plain that the period of coverage bought and paid for is the six months ’ period beginning May 12, 1965.

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Winecoff v. Nationwide Mutual Insurance Company
444 S.W.2d 84 (Tennessee Supreme Court, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
444 S.W.2d 84, 223 Tenn. 267, 1969 Tenn. LEXIS 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winecoff-v-nationwide-mutual-insurance-company-tenn-1969.