Miller's Classified v. French ex rel. French

Citation295 S.W.3d 524
Decision Date21 July 2009
Docket NumberNo. ED 92306.,ED 92306.
PartiesMILLER'S CLASSIFIED INSURANCE COMPANY, Appellant, v. Aimee J. FRENCH, a minor, by and through her Next Friend, Susan K. FRENCH and James French, Robert Wallace and Lisa Marie Wallace, a minor, by and through her Next Friend Robert Wallace and American Family Mutual Insurance Company, Respondents.
CourtCourt of Appeal of Missouri (US)

Denis C. Burns, St. Louis, MO, for Appellant.

Robert J. Wulff, St. Louis, MO, John D. Rayfield, Crystal City, MO, George J. Miller, Eureka, MO, for Respondent.

OPINION

GEORGE W. DRAPER III, Judge

Miller's Classified Insurance Company (hereinafter, "Miller's") brought this declaratory judgment action to determine whether the exclusionary provisions of its insurance policy relieved it from any duty to defend and provide coverage to its named insured, Robert Wallace (hereinafter, "Father"), for a claim involving a single vehicle accident wherein his daughter was driving. Following discovery, both parties asserted there were no genuine issues of material fact in dispute and each sought summary judgment. The trial court granted summary judgment in favor of Father, finding the provisions of the insurance policy were ambiguous. Miller's brings this two point appeal. We affirm.

In review of summary judgment, we review the record in the light most favorable to the party against whom the judgment was entered. ITT Commercial Finance v. Mid-America Marine, 854 S.W.2d 371, 376 (Mo. banc 1993). We accord the party against whom summary judgment was entered the benefit of every doubt. Korando v. Mallinckrodt, Inc., 239 S.W.3d 647, 648-49 (Mo.App. E.D.2007). Summary judgment is intended to move the parties beyond the petition's allegations and determine if a material fact for trial exists. City Center Redevelopment Corp. v. Foxland, Inc., 180 S.W.3d 13, 15 (Mo.App. E.D.2005); Martin v. City of Washington, 848 S.W.2d 487, 491 (Mo. banc 1993). Appellate review of the grant of summary judgment is purely a question of law and, hence, employs the same criteria as imposed by the trial court in its initial determination of the propriety of the motion. ITT Commercial Finance, 854 S.W.2d at 376.

Summary judgment will be granted as a matter of law to the moving party when there is no genuine issue as to any material fact. Rule 74.04(c)(3). "The moving party bears the burden of establishing a right to judgment as a matter of law." Powel v. Chaminade College Preparatory, Inc., 197 S.W.3d 576, 580 (Mo. banc 2006). Following the moving party's prima facie showing, summary judgment will be granted if the responding party fails to reply with specific facts showing a genuine issue of material fact exists for trial or with a demonstration that judgment as a matter of law is incorrect. Rule 74.04(e). "The interpretation of an insurance policy is a question of law that this Court also determines de novo." Seeck v. Geico General Ins. Co., 212 S.W.3d 129, 132 (Mo. banc 2007).

On August 14, 2003, Father's daughter (hereinafter, "Daughter") was driving a vehicle which was involved in a single vehicle collision. Daughter was fifteen years old at the time of the accident and did not possess a driver's license. Aimee French (hereinafter, "French") was a passenger in the vehicle driven by Daughter. After colliding with a tree, French sustained injuries.

Seeking compensation for her injuries from an uninsured motorist policy due to Daughter's negligent operation of the vehicle, French, by and through her next friend, brought suit against American Family. Father then made a demand upon his auto insurance carrier, Miller's, to provide a defense and indemnify Daughter in the underlying lawsuit.

Miller's issued a reservation of its rights letter pursuant to Father's policy and filed this declaratory judgment action, seeking affirmation that it has no right to defend or indemnify due to exclusionary language contained in the policy. The trial court granted summary judgment in favor of Father, finding liability coverage for Daughter based upon the definition of who is insured under the policy and an ambiguity in one of Miller's exclusionary clauses. Miller's brings this two point appeal.

This Court interprets insurance contracts by applying the general rules of contract interpretation. Todd v. Missouri United School Ins. Council, 223 S.W.3d 156, 160 (Mo. banc 2007). "When an insurance company relies on a policy exclusion to assert noncoverage, it has the burden of proving that such an exclusion is applicable, and we will construe the exclusion clause strictly against the insurer." Oakley Fertilizer v. Continental Ins. Co., 276 S.W.3d 342, 351 (Mo.App. E.D.2009)(quoting Sexton v. Omaha Property & Cas. Ins. Co., 231 S.W.3d 844, 848 (Mo.App. S.D. 2007)). Further, ambiguous language in an insurance policy must be interpreted in favor of the insured. Todd, 223 S.W.3d at 160. "This rule is especially applicable where insurance is first `granted' and is then followed by provisions limiting or avoiding liability." Versaw v. Versaw, 202 S.W.3d 638, 643 (Mo.App. S.D.2006)(quoting Irelan v. Standard Mut. Ass'n of Cassville, 379 S.W.2d 815, 819 (Mo.App.Spring. Dist.1964)). Language in an insurance policy is ambiguous when it "is reasonably and fairly open to different constructions, and there is duplicity, indistinctness, or uncertainty of meaning." Stark Liquidation Co. v. Florists' Mut. Ins. Co., 243 S.W.3d 385, 397 (Mo.App. E.D.2007)(quoting Bowan ex rel. Bowan v. General Sec. Indem. Co., 174 S.W.3d 1, 7 (Mo.App. E.D. 2005)).

In its first point on appeal, Miller's claims the trial court erred in granting summary judgment in favor of Father. Miller's alleges the insurance policy at issue is not ambiguous regarding the exclusionary provisions precluding coverage for "any person" operating a vehicle without a reasonable belief that the person is entitled to do so.

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