Kilby Butte Colony, Inc. v. State Farm Mut. Auto. Ins. Co.

• Court: United States State Supreme Court of Montana
• Citation: 2017 MT 246,403 P.3d 664,389 Mont. 48
• Docket Number: DA 17-0162.
• Parties: KILBY BUTTE COLONY, INC., Plaintiff and Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant and Appellee.
• Decision Date: 10 October 2017

389 Mont. 48
403 P.3d 664
2017 MT 246

KILBY BUTTE COLONY, INC., Plaintiff and Appellant,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant and Appellee.

DA 17-0162.

Supreme Court of Montana.

Submitted on Briefs: August 2, 2017
Decided: October 10, 2017

For Appellant: Torger S. Oaas, Attorney at Law, Lewistown, Montana

For Appellee: Guy W. Rogers, Jon A. Wilson, Brown Law Firm, P.C., Billings, Montana

Justice James Jeremiah Shea delivered the Opinion of the Court.

389 Mont. 49

¶ 1 Plaintiff Kilby Butte Colony, Inc., ("Kilby Butte" or "Colony") appeals the order by the Fourteenth Judicial District Court, Musselshell County, denying its summary judgment motion and granting summary judgment to Defendant State Farm Mutual Automobile Insurance Company ("State Farm"). We address the following issue:

Whether the District Court erred by granting summary judgment to State Farm on the grounds that the Stahls did not qualify as insureds under Kilby Butte Colony's State Farm Policy.

¶ 2 We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 3 On December 15, 2013, Mary Ann and Ivan Stahl were injured in an automobile accident when traveling in Saskatchewan, Canada. At the time of the accident, the Stahls were passengers in a motor vehicle owned by a Canadian Hutterite Colony. Another individual was at fault for the accident.

¶ 4 The Stahls are members of the Kilby Butte Hutterite Colony. Kilby Butte is a Montana religious corporation with a community treasury that engages in business for the common benefit of its members. Hutterite colony members own assets of the community collectively; therefore, the Stahls cannot own a vehicle in their individual capacities. Kilby Butte owns multiple vehicles all titled and insured in the Colony's name. All of the Colony's auto insurance policies were purchased through State Farm at State Farm's agency office in Lewistown. No individual Colony members were listed as named insureds on any vehicle owned by the Colony.

403 P.3d 666

¶ 5 The Colony submitted a claim to State Farm on behalf of the Stahls under its 2006 Freightliner Policy ("Policy") that provided underinsured motorist coverage ("UIM Coverage") in the amount of $50,000 per person and $100,000 per accident. State Farm declined the Stahls' claim because the Stahls were not occupying the Freightliner at the time of their accident and did not meet the definition of "insured" under the Policy. The declaration page for the Policy listed the named insured as "Kilby Butte Colony." The UIM Coverage is detailed in Policy Form 9826A "State Farm Car Policy Booklet" as follows (emphasis in the original):

Insuring Agreement

We will pay compensatory damages for bodily injury an insured is legally entitled to recover from the owner or driver of an underinsured motor vehicle. The bodily injury must be:

389 Mont. 50

1. sustained by an insured; and

2. caused by an accident that involves the operation, maintenance, or use of an underinsured motor vehicle as a motor vehicle.

Policy Form 9826A defines "insured" as follows in regards to UIM Coverage (emphasis in the original):

Insured means:

1. you;

2. resident relatives;

3. any other person who is not insured for underinsured motor vehicle coverage under another vehicle policy and only while that person is occupying a car :

a. that is used within the scope of your consent;

b. the ownership, maintenance, or use of which is provided liability coverage by one of the State Farm Companies; and

c. that is either:

(1) owned by :

(a) the first person shown as a named insured on the Declarations Page or that named insured's spouse who resides primarily with that named insured; or

(b) any resident relative; or

(2) a temporary substitute car.

Such other person occupying a vehicle used to carry persons for a charge is not an insured; and

4. any person who has not sustained a bodily injury but is entitled to recover compensatory damages as a result of bodily injury to an insured as defined in 1., 2., or 3. above.

Policy Form 6926A.2 "Amendatory Endorsement" amends the definition of "insured" in regards to UIM Coverage as follows (emphasis in the original):

6. UNDERINSURED MOTOR VEHICLE COVERAGE

a. Additional Definitions

Item 3. of Insured is changed to read:

3. any other person who is not insured for underinsured motor vehicle coverage under another vehicle policy and only while that person is occupying a vehicle that would qualify as:

a. "your car ",

b. a "newly acquired car ", or

c. a "temporary substitute car "

as defined in Definitions of any vehicle policy providing Liability Coverage issued by the State Farm companies to you or any resident relative. Such vehicle must be used

389 Mont. 51

within the scope of your consent. Such other person occupying a vehicle used to carry persons for a charge is not an insured....

The Policy is also subject to Policy Form 6030BF.1 "Business Named Insured," which provides in pertinent part (emphasis in the original):

This endorsement is a part of the policy. Because of the type of named insured shown on the Declarations Page of this policy and the changes made below, all references to resident relatives and non-owned cars in the policy are deleted. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement.

You or Your is changed to read:

403 P.3d 667

You or Your means the named insured or named insureds shown on the Declarations page.

Policy Form 6030BF.1 amends the definition of insured in regards to UIM Coverage as (emphasis in the original):

4. UNINSURED MOTOR VEHICLE COVERAGE and UNDERINSURED MOTOR VEHICLE COVERAGE

Additional Definitions

Insured is changed to read:

Insured means:

1. any 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 person occupying a vehicle used to carry persons for a charge is not an insured; and

2. you or any person entitled to recover compensatory damages as a result of bodily injury to an insured defined in item 1. above.

Policy Form 9826A defines "newly acquired car," "occupying," "owned by," "temporary substitute car," and "your car" as (emphasis in the original):

Newly Acquired Car means a car newly owned by you.

...

Occupying means in, on, entering, or exiting.

...

Owned By means:

1. owned by;

389 Mont. 52

2. registered to; or

3. leased, if the lease is written for a period of 31 or more consecutive days, to.

...

Temporary Substitute Car means a car that is

...