Young v. State Farm Mutual Automobile Insurance

898 P.2d 61, 127 Idaho 130, 1994 Ida. App. LEXIS 122
CourtIdaho Court of Appeals
DecidedSeptember 22, 1994
DocketNo. 20328
StatusPublished
Cited by1 cases

This text of 898 P.2d 61 (Young v. State Farm Mutual Automobile Insurance) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Young v. State Farm Mutual Automobile Insurance, 898 P.2d 61, 127 Idaho 130, 1994 Ida. App. LEXIS 122 (Idaho Ct. App. 1994).

Opinions

LANSING, Judge.

A jury determined that State Farm Mutual Automobile Insurance Company (State [132]*132Farm) breached an oral contract to provide underinsured motorist coverage, and was es-topped from denying that coverage, to Harold and Hazel Young after they were injured in an automobile accident. State Farm appeals from the judgment entered on the verdict, alleging error in the district court’s denial of State Farm’s motion for a directed verdict and its post-trial motions for judgment notwithstanding the verdict or for a new trial. We conclude that the district court erred in denying State Farm’s motion for judgment notwithstanding the verdict. We reverse and remand for further proceedings.

I.

FACTS AND BACKGROUND

Plaintiff Harold Young is a retired heavy equipment mechanic with an eighth grade education. He and his wife, Hazel, residents of Canyon County, Idaho, wintered in Arizona. Their daughter handled their bills, including insurance premiums, while they were away. In the fall of 1986, the daughter was ill when the Youngs were ready to travel south. To ease their daughter’s burden, the Youngs wanted to find a more convenient payment plan than was available from their then current insurer, Safeco Insurance Company of America (Safeco). After meeting with his Safeco agent, Mr. Young walked across the street from the Safeco office in Caldwell, Idaho; to the State Farm office, where Patti Rector was an agent. After conferring with Ms. Rector, he decided to insure all his vehicles with State Farm.

Almost three years after purchasing State Farm insurance, the Youngs were involved in a collision with a drunk driver. They were seriously injured, and the other driver’s insurance did not fully compensate them for their injuries. Believing that they had un-derinsured motorist coverage, the Youngs sought recovery from State Farm. Their claim was denied on the ground that the State Farm policy did not provide underin-sured motorist coverage.

The Youngs filed this action against State Farm, alleging claims based on estoppel, breach of an oral contract, and negligence. Following trial the jury returned a verdict in favor of the Youngs on their estoppel theory and oral contract claim.

During trial Mr. Young testified that upon deciding to purchase insurance from State Farm, he delivered to Ms. Rector the declarations page from his Safeco policy. This declarations page listed the vehicle identification numbers and the amounts and types of insurance provided by Safeco for the three automobiles the Youngs then owned. It showed that Safeco was providing underin-sured motorist coverage. Mr. Young testified that he told Ms. Rector that he wanted the same coverage that he had with Safeco, but with “everything doubled.” Mr. Young said that he never expressly discussed under-insured motorist coverage with Ms. Rector and that he only told her he wanted the same coverage he had with Safeco but in increased amounts. He said she assented to his request.1 Ms. Rector testified that she had no [133]*133specific recollection of her meetings with Mr. Young. She stated, however, it was her custom to go over every aspect of coverage and explain the available coverages to all applicants. According to Ms. Rector, underin-sured motorist coverage was always offered to applicants. She stated that even though Mr. Young might have presented information from his Safeco policy, she would not have relied upon that documentation because it might tie her to a prior mistake by a different agent.

After his initial meeting with Ms. Rector, Mr. Young returned to the State Farm office and signed an insurance application for the policy in question, which was to cover a Dodge automobile. This application was filled out by Ms. Rector and indicated that Mr. Young was not requesting underinsured motor vehicle insurance. The application form contained a list of the various types of coverage available, including underinsured motorist coverage. By each item on the list, there was a space to place a check mark if that type of coverage was requested. Mr. Young’s application had check marks indicating requests for bodily injury, property damage liability, medical payments, comprehensive, emergency road service, and uninsured motor vehicle coverages. The space to indicate a request for underinsured motorist coverage was left blank. The application contained the following language immediately above the applicant’s signature line:

I hereby apply for the insurance indicated and represent (1) I have read this application, (2) the statements hereon ... are coirect ..., (emphasis added).

Mr. Young signed the application below this attestation, but testified at trial that he did not read the application before signing it.

On the same day that he applied for the policy that is the subject of this litigation, Mr. Young also signed applications for insurance on a motorhome and a Volkswagen. Both of these applications also requested uninsured, but not underinsured, motorist coverage. The complete insurance policies for all three vehicles were delivered to the Youngs. The declarations pages for all of the policies stated in clear terms that they provided uninsured motorist coverage but not underinsured motorist insurance. In May 1987, the Youngs received from State Farm premium notices for the Dodge policy and the Volkswagen policy. Both notices showed that only uninsured, not underin-sured, motorist coverage was afforded. A renewal notice for the motorhome coverage received in November 1987, provided the same information.

In April 1989, three months before the accident giving rise to the Youngs’ claim, Mr. Young returned to the insurance agency to renew the Volkswagen policy, which had lapsed. At that time, the agent not only asked Mr. Young to sign the application form; she also had him initial the form next to each type of available coverage that he was declining. Mr. Young’s initials indicated that he was rejecting several categories of insurance, including underinsured motorist coverage. In May 1989, the Youngs received the declarations page and policy issued pursuant to this application. The declarations page once again showed that no underin-sured motorist coverage was provided.

Mr. Young testified that he read none of the foregoing documents, not even the four application forms that he signed. The Youngs did not take issue with the coverage specified in their policy until after they had been injured.

State Farm moved for a directed verdict, which was denied. The jury returned a special verdict in the Youngs’ favor, concluding that State Farm had breached an oral contract and was estopped from relying upon terms of the written policy which did not provide for underinsured motorist coverage. State Farm also filed post-trial motions for judgment notwithstanding the verdict or for a new trial, both of which were denied. State Farm appeals, arguing that the court erred when it instructed the jury and when it denied State Farm’s motions. On cross-appeal, the Youngs argue that the district court [134]*134did not award them all of the attorney fees to which they were entitled.

II.

DENIAL OF STATE FARM’S MOTION FOR A JUDGMENT NOTWITHSTANDING THE VERDICT WAS ERROR

A STANDARD OF REVIEW

We will first address the court’s denial of State Farm’s motion for judgment notwithstanding the verdict. When making a motion under I.R.C.P.

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Bluebook (online)
898 P.2d 61, 127 Idaho 130, 1994 Ida. App. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-state-farm-mutual-automobile-insurance-idahoctapp-1994.