Jay v. United Servs. Auto. Ass'n

• Decision Date: 18 June 2021
• Docket Number: 1190941
• Citation: 343 So.3d 18
• Parties: Nicholas K. JAY v. UNITED SERVICES AUTOMOBILE ASSOCIATION
• Court: Alabama Supreme Court

343 So.3d 18

Nicholas K. JAY
v.
UNITED SERVICES AUTOMOBILE ASSOCIATION

1190941

Supreme Court of Alabama.

June 18, 2021

R. Jeffrey Perloff, Mobile, for appellant.

Benjamin C. Heinz of Ball, Ball, Matthews & Novak, P.A., Mobile, for appellee.

STEWART, Justice.

Nicholas K. Jay appeals from a summary judgment entered by the Mobile Circuit Court ("the trial court") in favor of United Services Automobile Association ("USAA") on his claim against USAA seeking uninsured-motorist ("UM") benefits. Because Nicholas is not a "covered person" under the USAA policy, we affirm the judgment.

Facts and Procedural History

Nicholas was injured in an automobile accident when riding as a passenger in Ryen Gorman's automobile. Gorman did not have automobile insurance. Nicholas received $50,000 in UM benefits through a policy he had with Nationwide Insurance Company. Thereafter, Nicholas commenced an action against USAA, seeking UM benefits pursuant to a USAA policy owned by his father-in-law, George M. Brewer, and under which Nicholas's wife, Michelle Jay, had automobile-insurance coverage. USAA filed an answer and asserted various affirmative defenses. Thereafter, USAA filed a motion for a summary judgment in which it argued that Nicholas was not a named insured or a family member of a named insured and, therefore, was

343 So.3d 20

not a "covered person" entitled to receive benefits under the policy. Nicholas filed a response in opposition to USAA's summary-judgment motion in which he argued that his wife, Michelle, was a named insured under the policy, that he was a family member of Michelle's, and that, therefore, he was entitled to receive UM benefits under the policy.

In support of and opposition to the summary-judgment motion, the parties provided, among other evidence, a copy of the USAA policy and deposition testimony from Nicholas and Michelle. The declarations page of the USAA policy provides information concerning the named insured, operators covered under the policy, a description of covered automobiles, coverage amounts, and insurance premiums. Under a box entitled "Named Insured and Address," the following individual is listed:

"GEORGE M BREWERCW04 USCG RET7610 SEQUOIA DR NMOBILE AL 36595-2808"

(Capitalization in original.) Under a box entitled "OPERATORS," the following individuals are listed:

"01 GEORGE M BREWER02 DIANE B BREWER03 CAITLIN BREWER ROBERTS04 MICHELLE D JAY"

(Capitalization in original.)

A section of the policy entitled "PART C - UNINSURED MOTORISTS COVERAGE" provides that USAA "will pay damages which a covered person is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of [bodily injury] sustained by a covered person and caused by an auto accident." (Capitalization in original.) That section defines the following relevant terms:

"A. ‘Covered person’ as used in this Part means:

"1. You or any family member.

"2. Any other person occupying your covered auto.

"3. Any person for damages that person is entitled to recover because of [bodily injury] to which this coverage

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