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

• Decision Date: 18 March 2021
• Docket Number: Case No. 20-1172-SAC-GEB
• Parties: CASEY BRIGGS, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.
• Court: U.S. District Court — District of Kansas

CASEY BRIGGS, Plaintiff,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

Case No. 20-1172-SAC-GEB

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

March 18, 2021

ORDER

Plaintiff has brought this diversity action under Kansas law seeking an insurance recovery pursuant to breach of contract and equitable estoppel principles. This case is before the court upon plaintiff's motion for partial summary judgment and defendant's motion for summary judgment.

I. Summary judgment standards

Summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." FED.R.CIV.P. 56(a). In applying this standard, the court views the evidence and all reasonable inferences therefrom in the light most favorable to the nonmoving party. Spaulding v. United Transp. Union, 279 F.3d 901, 904 (10^th Cir. 2002). Such a showing may be made with citation "to particular parts of materials in the record, including

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depositions, documents, . . . affidavits or declarations, stipulations . . . , admissions, interrogatory answers, or other materials." FED.R.CIV.P. 56(c)(1)(A). An issue of fact is "genuine" if "there is sufficient evidence on each side so that a rational trier of fact could resolve the issue either way." Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670 (10^th Cir. 1998). The moving party may demonstrate an absence of a genuine issue of material fact by pointing out a lack of evidence for the other party on an essential element of that party's claim. Adams v. Am. Guar. & Liab. Ins. Co., 233 F.3d 1242, 1246 (10^th Cir. 2000)(quoting Adler, 144 F.3d at 671).

II. Breach of contract

Plaintiff and defendant seek summary judgment upon plaintiff's breach of contract claim. Plaintiff contends that an insurance contract with defendant was breached when defendant refused to pay plaintiff Uninsured Motorist (UIM) and Personal Injury Protection (PIP) benefits.

A. Uncontroverted facts

The facts asserted by the parties are largely uncontroverted for the purposes of the motions before the court. Plaintiff and his mother, Janice Briggs, were registered owners of a 2007 Honda Civic. The Civic was insured under a policy issued by defendant. On March 2, 2020, plaintiff was injured in a two-vehicle collision while he was a passenger in a different vehicle which was owned

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and driven by a person named Harrington. Harrington's insurer tendered the policy limits of $25,000 to plaintiff for plaintiff's injuries. In this lawsuit, plaintiff seeks UIM and PIP benefits under the policy covering the Civic owned by plaintiff and his mother.

The "named insureds" under the policy are Calvin Briggs (plaintiff's father) and Janice Briggs (plaintiff's mother). When the policy for the Civic was obtained, plaintiff and his parents believed that plaintiff was merely being added as an insured to the various State Farm policies issued to his parents. Plaintiff, however, is not listed in the policy as a "named insured." He is listed as the primary or principal driver or operator of the Civic. It is the only vehicle plaintiff drove regularly.

At the time of the collision, plaintiff's parents owned two houses, one located on Delano Street in Wichita, Kansas, and one located on Cedar Crest Street, in Wichita, Kansas. The two houses are approximately 1.5 miles apart. In or around 2015, plaintiff's entire family (his parents, his sister and plaintiff) lived at the Delano address. About that time, plaintiff's father inherited the house at the Cedar Crest address. Plaintiff's parents moved there and, because they wanted the Delano address to remain occupied, they asked their children to remain at the Delano address. Otherwise, plaintiff and his sister would have moved to the Cedar Crest address. For five years or so, plaintiff and his sister

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have lived rent-free at the Delano address. There has been no intention to change this arrangement.

Plaintiff's voter registration lists the Delano Street address. His parents' voter registration lists the Cedar Crest Street address. Plaintiff receives State Farm correspondence at the Delano Street address. His parents receive State Farm correspondence at the Cedar Crest Street address. An accident report for the collision lists plaintiff's address as on Delano Street.

Plaintiff was 29 years old at the time of the accident. Plaintiff receives mail at both houses, medical bills at the Delano address and bank statements at the Cedar Crest address. Plaintiff pays for internet access at the Delano address. His sister pays for utilities there. She pays for her own vehicle insurance premiums.

Plaintiff's parents pay the mortgage and a home improvement loan for the Delano address. There is no mortgage for the Cedar Crest address. They also pay for the maintenance and repairs for both homes.

Plaintiff has keys for both houses. He spends significant time at the Cedar Crest address. He is there almost daily, eating, lounging, doing homework and occasionally spending the night. Plaintiff's parents go to the Delano address whenever they want or need to, and own clothing, furnishings, kitchen items and other

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objects contained there. They regularly use the washer, dryer and refrigerator at the Delano address. The family members share maintenance chores for both houses.

Defendant's underwriting file refers to plaintiff and his sister as members of their parents' "household."

The UIM portion of the policy defines "insured" as:

Insured means:

1. you;
2. resident relatives;
3. any other person while occupying:

a. your car;
b. a newly acquired car; or
c. a temporary substitute car.
Such vehicle must be used within the scope of your consent. Such other person occupying a vehicle used to carry persons for a charge is not an insured; and

4. any person entitled to recover compensatory damages as a result of bodily injury to an insured as defined in 1., 2., or 3.

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