Farmers Ins. Exchange v. Young

• Decision Date: 13 May 1992
• Docket Number: No. 22147,22147
• Citation: 832 P.2d 376,108 Nev. 328
• Parties: FARMERS INSURANCE EXCHANGE, Appellant, v. Andrea YOUNG, Respondent.
• Court: Nevada Supreme Court

Page 376

832 P.2d 376

108 Nev. 328

FARMERS INSURANCE EXCHANGE, Appellant, v. Andrea YOUNG, Respondent.

No. 22147.

Supreme Court of Nevada.

May 13, 1992.

Joseph J. Bongiovi, III, Las Vegas, for appellant.

Albert D. Massi, Las Vegas, for respondent.

OPINION

SPRINGER, Justice:

This case involves the interpretation of an automobile insurance policy. The respondent, Andrea Young (Young), was injured while riding as a passenger in her own vehicle. The driver was David G. Ingram (Ingram), who was not a member of Young's household. The insurance policy at issue includes a provision under which there is no liability coverage for bodily injury to an insured person. The policy also attempts to limit liability coverage for insureds, other than household members, to the statutory minimum.

The minimum coverage required by statute is $15,000.00 per injury and $30,000.00 per accident. NRS 485.105. The policy at issue had a liability limit of $100,000.00 per person.

A statement of the facts was agreed upon by the parties and both parties filed motions for summary judgment. Granting summary judgment in favor of Young, the district court concluded that the policy language is ambiguous and void as against public policy. Under the district court's order, appellant, Farmers Insurance Exchange (Farmers), is responsible for coverage of Young's injuries in excess of the $15,000.00 statutory minimum up to the $100,000.00 liability limit.

The central issue in this appeal is whether or not Farmers' policy provisions attempting to limit coverage are ambiguous as a matter of law and should therefore be construed against Farmers and in favor of Young. Although we have upheld similar provisions in the past, we have not specifically ruled on the issue of ambiguity. We now conclude that the provisions in question are clear on their face and should be given their plain meaning. Accordingly, we reverse the district court order and enter summary judgment in favor of Farmers.

Generally, summary judgment is proper as long as no genuine issue of material fact exists. Tschabold v. Orlando, 103 Nev. 224, 737 P.2d 506 (1987). In the instant case, because the parties stipulated to the facts, there is obviously no issue of material fact presented and summary judgment is proper. What we must review on this appeal is the district court's conclusion that the policy language was ambiguous and void as a matter of law. When this court reviews a district court's construction or interpretation of an instrument, this court has plenary power of review. See Southwest Gas Corp. v. Ahmad, 99 Nev. 594, 668 P.2d 261 (1983).

It is well settled that any ambiguity in the terms of an insurance contract shall be resolved in favor of the insured and against the insurer. Harvey's Wagon Wheel, Inc. v. MacSween, 96 Nev. 215, 606 P.2d 1095 (1980). We have also held that any attempt to restrict insurance coverage must be done clearly and explicitly. Sullivan v. Dairyland Insurance Co., 98 Nev. 364, 649 P.2d 1357 (1982). It is apparently this case law upon which the district court relied in granting Young's summary judgment motion and denying Farmers' motion.

The insurance policy at issue contains an exclusion clause which attempts to limit the liability coverage afforded an insured driver for injury to another insured person. The exclusion clause specifically provides that:

This coverage does not apply to:

....

11.a. Liability for bodily injury to an insured person

The policy also provides, under the heading "Other Insurance," the following provision:

We will provide insurance for an insured person, other than a family member, up to the limits of the Nevada Financial Responsibility Law only.

The policy defines an "insured person" as "you or any family member" or "any person using your insured car."

Based upon the above-quoted provisions, Farmers contends that the exclusion clause limits liability coverage afforded an insured driver to the minimum found in the Nevada Financial Responsibility Law ($15,000.00 per injury/$30,000.00 per accident) when the injured party is an "insured person" under the policy. Young maintains that these provisions are ambiguous and that under the general insuring clause, ¹ Farmers is obligated to pay all damages for which an "insured person is legally liable."

In Estate of Neal v. Farmers Ins. Exch., 93 Nev. 348, 566 P.2d 81 (1977), we held that a household exclusion clause in an insurance policy was void to the extent that it did not provide the minimum coverage required by statute. We concluded, however, that the exclusion was otherwise valid. In Neal, the appellant did not challenge the exclusion as being ambiguous, so our conclusion that the exclusion was valid is not dispositive of the instant issue.

The holding in Neal that an insurance policy cannot exclude the minimum coverage required by statute was reaffirmed in Farmers Ins. Exchange v. Warney, 103 Nev. 216, 737 P.2d 501 (1987). In Warney, however, no conclusion was made with respect to the ambiguity of the policy's exclusionary clause.

We again upheld an exclusion clause in an insurance policy without discussing the issue of ambiguity in Baker v. Criterion Insurance Co., 107 Nev. 25, 805 P.2d 599 (1991). In Baker, the named insured was injured while riding as a passenger in her own vehicle which was driven by a permissive user. We concluded that the named insured could not recover from both bodily injury and uninsured/underinsured motorist coverage found in the same policy. Id. at 26, 805 P.2d at 600. No findings or conclusions were made, however, with respect to the clarity or ambiguity of the exclusionary clause at issue.

Young asserts that the exclusionary clause at issue in the present case was not sufficiently clear to advise her that she would only be compensated up to the statutory minimum for injuries sustained while riding as a passenger in her car (when driven by a non-household member). The exclusion states that "[t]his coverage does not apply to ... [l]iability for bodily injury to an insured person." Young maintains that because the policy refers to different types of coverage, it is not clear what type of coverage is referred to by "this."

Farmers maintains that because the exclusion is found in Part I of the policy which is titled "Liability," it is obvious that "this coverage" refers to liability coverage. Farmers also points out that the parties have stipulated that the exclusion refers to liability coverage. Specifically, in the stipulated facts, immediately prior to laying out the exclusion, the parties agree that: "Young's policy contained the following insured person exclusion to liability coverage." (Emphasis added).

We conclude that Farmers is correct under both rationales. Young stipulated that the exclusion involved liability coverage, and it is also clear under the plain language of the policy that "this coverage" refers to liability coverage. We conclude, based upon our reading of the policy, that the language of the policy is not ambiguous and should be given its plain meaning. Accordingly, the district court order should be reversed and summary judgment should be entered in favor of Farmers.

Farmers also argues that Young is only entitled to $15,000.00 in coverage (the statutory minimum) based upon the permissive user limitation in the policy. The district court failed to address this provision in its order granting summary judgment. The provision provides:

We will provide insurance for an insured person other than you or a family member, up to the limits of the Nevada Financial Responsibility Law only.

A permissive user is included in the policy's definition of an "insured person."

Generally, an insurance policy, like any other contract, will be construed as written absent any ambiguity. See Ellison v. C.S.A.A., 106 Nev. 601, 797 P.2d 975 (1990). Young contends that the permissive user limitation is impermissibly ambiguous because it is on page two of the policy and is listed under the heading, "Other Insurance." Young asserts that "it would be difficult to believe that the consumer would check under the Other Insurance section" in attempting to determine what restrictions applied to the policy.

Farmers maintains that the permissive user provision is clear and consistent with Nevada public policy. The provision does provide for the minimum coverage required by Nevada law, but it does not expose the insurer to large liability for a risk it cannot determine. According to Farmers, premiums are based upon the presumed risk, which is in turn based upon the risk imposed by the named insured and the other likely users. The risk posed by unknown permissive users, such as Ingram in the instant case, is necessarily beyond the knowledge of the insurer at the time of contracting. By limiting the coverage of permissive users to the statutory minimum, the insurer avoids being excessively exposed for the actions of unknown users. Farmers concludes that "[t]he limitation is a...