Brummett v. Grange Ins. Ass'n, 254--III

• Court: Court of Appeals of Washington
• Writing for the Court: EVANS; MUNSON, C.J., and GREEN
• Citation: 4 Wn.App. 979,485 P.2d 88
• Parties: Eidon B. BRUMMETT and Evelyn Brummett, husband and wife, Respondents, v. The GRANGE INSURANCE ASSOCIATION, a domestic insurance corporation, Appellant.
• Docket Number: No. 254--III,254--III
• Decision Date: 14 May 1971

Page 979

4 Wn.App. 979 485 P.2d 88 Eidon B. BRUMMETT and Evelyn Brummett, husband and wife, Respondents,
v.
The GRANGE INSURANCE ASSOCIATION, a domestic insurance
corporation, Appellant. No. 254--III. Court of Appeals of Washington, Division 3. May 14, 1971.

Terry A. Brooks of Nashem, Prediletto & Brooks, Yakima, for appellant.

Walter E. Weeks, Jr., of Wilson & Weeks, Yakima, for respondents.

EVANS, Judge.

The sole issue presented upon this appeal is

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whether the uninsured motorist endorsement of an automobile liability insurance policy issued by the Grange Insurance Association[485 P.2d 89] to Eldon and Evelyn Brummett, husband and wife, provided coverage for damages resulting from the wrongful death of the Brummetts' two minor children.

The facts are not in dispute. On August 19, 1969 Elizabeth Brummett, age 16, and Leslie Brummett, age 12, were in sleeping bags near a collapsible swimming pool located in the back yard of their parents' home. An uninsured automobile left the roadway adjacent to the yard, crashed through a fence, and after running over the girls struck and broke open the swimming pool which was above ground level. The automobile dragged the girls into the pool, causing their death by drowning.

At the time of this tragic accident respondents, Mr. and Mrs. Brummett, were named insured under an automobile liability policy issued by Grange Insurance. The deceased children were also insureds by definition under the uninsured motorist supplement of said policy.

In a proceeding commenced by the Brummetts to compel arbitration in accordance with policy provisions of the insurance contract, Grange Insurance sought to stay arbitration and also filed a motion for declaratory judgment. It appeals from judgment entered by the trial court declaring Grange Insurance liable to pay to respondents, within the policy limits, all damages which respondents have suffered as a result of the death of their two minor children, including damages for loss of love and companionship of said children and destruction of the parent-child relationship.

In support of its contention the trial court erred in its determination, appellant first argues that the insurance provision. which obliges appellant 'to pay all damages which the insured shall be legally entitled to recovery from the owner or operator of an uninsured automobile because of bodily injuries sustained by the insured * * *', yields only one reasonable interpretation, namely, that the damages covered are those personal to the injured or deceased person covered under the policy. We need not pass upon

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this contention, however, because it is not the language of the insuring agreement, but rather the language of RCW 48.22.030, enacted by the legislature in 1967, which is controlling of the issue presented. This statute provides in pertinent part:

On and after January 1, 1968, no * * * policy * * * insuring against loss resuling 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, * * * 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 * * * Including death, resulting therefrom, * * *

(Italics ours.)

The public policy thus expressed by the legislature imposes an obligation upon insurers to provide protection to their insureds against loss caused by wrongful...