Comeron Mut. Ins. Co. v. Woods

• Decision Date: 19 November 2002
• Docket Number: No. WD 60582.,WD 60582.
• Citation: 88 S.W.3d 896
• Parties: CAMERON MUTUAL INSURANCE COMPANY, Respondent, v. Jennifer D. WOODS, a minor, Appellant, and James Robert Grainger and Byron Grainger, Defendants.
• Court: Missouri Court of Appeals

88 S.W.3d 896

CAMERON MUTUAL INSURANCE COMPANY, Respondent, v. Jennifer D. WOODS, a minor, Appellant, and James Robert Grainger and Byron Grainger, Defendants.

No. WD 60582.

Missouri Court of Appeals, Western District.

November 19, 2002.

COPYRIGHT MATERIAL OMITTED

Jeffery Allen Hanna, Warrensburg, MO, for Appellant Jennifer Woods.

Robert E. Harris, Warrensburg, MO, for Defendants James and Byron Grainger.

Before HARDWICK, P.J., ELLIS and HOLLIGER, JJ.

LISA WHITE HARDWICK, Judge.

This appeal arises from a declaratory judgment determination that a farm liability insurance policy issued by Cameron Mutual Insurance Co. did not provide coverage for dog-bite injuries sustained by Jennifer Woods. The trial court held that the dog's owner, Byron Grainger, was not an insured under a provision in the policy which applied to "persons in the course of performing domestic duties that relate to the insured premises." Ms. Woods appeals, claiming the trial court's in pari materia construction of the policy was too restrictive. Because we find that the trial court reached the correct result in denying coverage under the policy, we affirm.

Factual and Procedural History

Dr. James Whiteman is the owner of eighty-one acres of farm property located in Johnson County, Missouri. Dr. Whiteman has never farmed the land or resided on the property.

Several years prior to 1991, Dr. Whiteman began leasing the farm property to James Grainger to conduct a cattle operation. No restrictions were placed on Mr. Grainger's use of the property for the cattle operation. Dr. Whiteman was not responsible for and did not perform any of the upkeep, maintenance, repair, or improvements to the farm while it was leased by Mr. Grainger. Dr. Whiteman did not have any interest in the cattle operation and did not receive any profits from it.

In 1991, James Grainger formed a partnership with his son, Byron Grainger, relative to the cattle operation. That same year, Byron placed a trailer home on the farm property and began living there. Byron also built a boundary fence around the farm and installed a loafing shed.

On November 5, 1996, Byron discovered that a section of the boundary fence line was down and in need of repair. While he was getting tools from his trailer home to make the repairs, Byron's dog attacked Jennifer Woods as she walked home from school. The dog attack began in the roadway near the intersection of county roads SW 601 and SW 200 and continued onto the farm property.

Following the attack, Ms. Woods filed a civil action against Byron Grainger seeking damages for the dog-bite injuries she sustained. On February 17, 1999, the circuit court entered judgment in favor of Ms. Woods and ordered Byron to pay her damages of $326,731.25.

At the time of the attack, Dr. Whiteman had a Farm Personal Liability Policy with Cameron Mutual to insure the farm property. Ms. Woods and Byron Grainger made separate claim demands under the policy during the pendency of Ms. Woods' civil action. Both asserted that the policy covered Byron as an insured, and they demanded that Cameron Mutual settle Ms. Woods' lawsuit before judgment was entered. Cameron Mutual denied coverage.

On August 3, 1999, Cameron Mutual filed a Petition for Declaratory Judgment against Byron Grainger, James Grainger, and Ms. Woods. The petition sought a declaration that Dr. Whiteman's insurance policy did not provide coverage for the Graingers relative to the dog attack nor any damages awarded to Ms. Woods. Cameron Mutual also sought a declaration that it was not obligated to provide the Graingers with a defense against any claims brought by Ms. Woods.

Ms. Woods filed her Answer claiming that Byron was an insured under Dr. Whiteman's policy, that Cameron Mutual had a duty to represent and defend Byron in her civil action, and that Cameron Mutual was obligated to pay her the amount of the judgment entered against Byron, plus post-judgment interest. Neither of the Graingers filed an answer to Cameron Mutual's petition or appeared to defend the matter.

On April 26, 2001, the cause was submitted to the trial court on stipulated facts. In her submission, Ms. Woods relied entirely upon a provision in the policy providing that "persons in the course of performing domestic duties that relate to the insured premises" are insureds under the policy. Ms. Woods argued that Byron was performing a domestic duty when he started to repair the boundary fence line and that he was, therefore, an insured under the policy.

Subsequently, the trial court entered judgment declaring that Byron was not an insured under Dr. Whiteman's policy and that Cameron Mutual had no obligation to provide him with a defense or to pay any damages recovered by Ms. Woods against him related to the dog attack. The judgment stated:

Byron Grainger was neither a "domestic employee" nor a person who through his lease or any separate legal agreement had a duty to perform "domestic duties." Byron Grainger is not an insured under the plain language of the policy.

Ms. Woods appeals this judgment.

Standard of Review

In reviewing a court-tried case, we must affirm the judgment of the trial court unless it is unsupported by substantial evidence, against the weight of the evidence, or erroneously declares or applies the law. State Farm Mut. Auto. Ins. Co. v. Sommers, 954 S.W.2d 18, 19 (Mo. App. E.D.1997). Where the case is tried on stipulated facts, "the only question on review is whether the trial court drew the proper conclusions from the stipulated facts." Shelter Mut. Ins. Co. v. See, 46 S.W.3d 65, 67 (Mo.App. W.D.2001). However, "when there exist ultimate facts or factual inferences to which the parties have not stipulated, then we review the conceded facts in a light most favorable to the respondent and disregard inferences favorable to appellant." Adams v. White, 488 S.W.2d 289, 293 (Mo.App. S.D.1972). "Where the underlying facts are not in question, disputes arising from the interpretation and application of insurance contracts are matters of law for the court." Southeast Bakery Feeds, Inc. v. Ranger Ins. Co., 974 S.W.2d 635, 638 (Mo.App. E.D.1998).

Issue on Appeal

In her sole point on appeal, Ms. Woods contends the trial court erred in restricting the policy's unambiguous definition of "domestic duties" by construing it in parr materia with a separate provision applicable to "domestic employees." The policy defines domestic employee as "a person employed by an Insured to perform duties that relate to the use and care of the insured premises." Since the judgment stated that Byron Grainger was not an insured because he was not a "domestic employee," Ms. Woods argues the court improperly limited its application of the term "domestic duties" to a person employed by the insured.

Regardless of the trial court's reasoning, Tin reviewing this court-tried case, our primary concern is the correctness of the trial court's result, not the route taken to reach it." Smith v. Estate of Harrison, 829 S.W.2d 70, 73 (Mo.App. E.D.1992). "Thus, we will affirm the judgment if cognizable under any theory, regardless of whether the reasons advanced by the trial court are wrong or not sufficient." Venture Stores, Inc. v. Pac. Beach Co., 980 S.W.2d 176, 180 (Mo.App. W.D. 1998). Upon review of the record in this case, we are satisfied that the trial court reached the correct result for the following reasons.

Although Cameron Mutual brought the declaratory judgment action, Ms. Woods, as a party seeking to recover under the policy, bore the burden of proving that coverage existed under the insurance policy.¹ Shelter Gen. Ins. Co. v. Siegler, 945 S.W.2d 24, 27 (Mo.App. E.D.1997); Citizens Ins. Co. of Am. v. Leiendecker, 962 S.W.2d 446, 451 (Mo.App. E.D.1998). Accordingly, Ms. Woods was required to prove by a preponderance of the evidence that Byron Grainger was an insured under the policy at the time of the dog attack. Siegler, 945 S.W.2d at 27.

In asserting that Byron Grainger was an insured under the policy, Ms. Woods has relied entirely upon a portion of the policy's definition of an "insured," which states: "Insured means ... persons in the course of performing domestic duties that relate to the insured premises."² Ms. Woods contends that Byron Grainger was performing a domestic duty when he was repairing the boundary fence line at the time of the dog attack and, therefore, should be considered an insured under the policy. In response, Cameron Mutual argues that Byron was not performing a "domestic...