State Farm Mut. Auto. Ins. Co. v. Martin

Citation292 Ala. 103,289 So.2d 606
PartiesSTATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation v. James E. MARTIN, Individually, and Selithia Martin, a minor who sues By and Through her father and next friend, James E. Martin. SC 223.
Decision Date24 January 1974
CourtSupreme Court of Alabama

Timothy M. Conway, Jr. and Rives, Peterson, Pettus, Conway & Burge, Birmingham, for appellant.

Maurice Rogers, Birmingham, for appellees.

MADDOX, Justice.

The question presented here is whether James E. Martin, one of the named insured, was covered by the 'uninsured motorist' provisions of State Farm's policy. Martin's daughter, Selithia, was seriously injured when struck by an uninsured motorist. State Farm denied coverage, claiming that James Martin had rejected uninsured motorist coverage, when application for the policy was made. The dispute over coverage ended in this declaratory judgment proceeding, in which Martin, as plaintiff, claimed that he was covered under the policy and that he had at no time rejected the uninsured motorist coverage.

The trial court, after hearing, found for Martin and held that the daughter, Selithia Martin, was covered.

State Farm appeals from the adverse judgment.

State Farm argues three assignments of error: (1) the lower court erred in holding the Martins are entitled to uninsured coverage; (2) the lower court erred in holding the rejection form was legally insufficient; (3) the lower court erred in holding the law requires a named insured to sign a rejection of uninsured coverage.

Some of the facts were disputed. State Farm contends that James Martin had a policy of automobile liability insurance with another company and when that company went up on its renewal rate, Martin started shopping for a lower rate and called its agent. State Farm says its agent went to the Martin home and James Martin told his wife to 'handle the dealings' with the agent. The wife sat down at a table with the agent and answered several questions. James Martin was not in the same room all the time. Mrs. Martin signed an application for automobile liability insurance and a rejection of uninsured motorist coverage and a statement regarding the number of miles travelled. From the evidence, the court could have found Mrs. Martin was the primary user of the car. James Martin signed nothing, not even the application, although he was listed as a 'named insured.' The evidence is disputed as to whether uninsured motorist coverage was discussed between the Martins and State Farm's agent. In any event, the policy was issued and was in force on the date when Selithia Martin was struck and injured by an uninsured motorist.

As we view the appeal, two questions are presented, namely, was the trial court's finding of fact that James Martin was covered under the uninsured motorist provision of the policy clearly and palpably erroneous, and did the trial court erroneously construe Alabama law regarding rejection of uninsured motorist coverage. We think not.

In Alabama, uninsured protection is required in all automobile liability policies unless rejected. Act No. 866, Acts of Alabama 1965, p. 1614, carried as Title 35, § 74(62a), Code of Alabama 1940, (Recompiled 1958).

Our Uninsured Motorist statute provides:

'No automobile liability or moter (sic) vehicle liability policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance or use of a motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto, in limits for bodily injury or death set forth in subsection (c) of Section 5, of the Motor Vehicle Safety-Responsibility Act (Code 1958, Title 36, Sec. 74(46)), under provisions approved by the Commissioner of Insurance, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom; provided, that the named insured shall have the right to reject such coverage; and provided further, that unless the named insured requests such coverage in writing, such coverage need not be provided in or supplemental to a renewal policy where the named insured has rejected the coverage in connection with the policy previously issued to him by the same insurer.'

A careful examination of Act No. 866 shows that our statute requires uninsured motorist coverage to be provided the Named insured. The key words in this statute are:

'. . . (C)overage . . ....

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17 cases
  • Ex parte Gauntt
    • United States
    • Alabama Supreme Court
    • 9 Febrero 1996
    ...is strictly construed, and only those subjects expressly restricted are freed from operation of statute); State Farm Mut. Auto. Ins. Co. v. Martin, 292 Ala. 103, 289 So.2d 606 (1974) (a proviso limits or modifies the enacting clause and should be strictly construed in accord with the genera......
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    ...or herself. See Nationwide Ins. Co. v. Nicholas, 868 So.2d 457 (Ala. Civ. App. 2003) (plurality opinion); State Farm Mut. Auto. Ins. Co. v. Martin, 292 Ala. 103, 289 So.2d 606 (1974). However, those cases do not assist us in determining whether Beeman was, in fact, a "named insured," becaus......
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    ...(1975); Best, 540 So.2d at 1382; Insurance Co. of N. Am. v. Thomas, 337 So.2d 365 (Ala.Civ.App.1976); State Farm Mut. Auto. Ins. Co. v. Martin, 292 Ala. 103, 289 So.2d 606 (1974). Without the benefit of the contract, or provisions thereof, the court cannot determine whether Plaintiff has re......
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    ...due to be affirmed in all respects. Affirmed. All the Justices concur. 1 In our recent opinion in State Farm Mutual Automobile Insurance Company v. Martin (1974) 291 Ala. 103, 289 So.2d 606, the following appears:'A careful examination of Act No. 866 shows that our statute requires uninsure......
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