State Farm Mut. Auto. Ins. Co. v. Wyant
| Decision Date | 11 November 1971 |
| Docket Number | No. 54839,54839 |
| Citation | 191 N.W.2d 689 |
| Parties | STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Isaac Edward WYANT, Sr., and Carol M. Wyant, Appellees. |
| Court | Iowa Supreme Court |
Cosson, Christianson, Hohnbaum & George, Des Moines, for appellant.
Rockwell & Jones, Des Moines, for appellees.
This law action tried without a jury involves the ownership of a Chevrolet car. The dispute arises by reason of failure to add 'Sr.' or 'Jr.' to the title certificate.
Defendant Isaac Edward Wyant, Sr., and his wife have a son, Isaac Edward Wyant, Jr., who in 1968 was 17 years old. Viewing the evidence in its most favorable light to Wyants, the trial court as trier of the facts could find that the son desired to have a car, but in view of the son's minority, the father desired to have control of the car, to have title to it and insurance on it in his own name, and to have charge of the sale of it. About Christmas time in 1968, the father bought a 1953-model Ford for the son's use, but took the certificate of title in his own name--Ike E. Wyant, Sr. The father obtained a liability insurance policy on the car from plaintiff State Farm in his own name and for his own protection, and the policy also specifically protected the son as a user. The policy provided that it covered a replacement car if the insured notified the insurer within 30 days after receiving the replacement car.
The son used the Ford car thereafter under those arrangements.
On March 28, 1969, one Dale E. Hayes saw Isaac, Jr., standing beside the Ford by the Wyant home and offered to trade his 1952-model Chevrolet for it 'even up.' Isaac, Jr., asked his father for permission to make the trade, and the father consented. Hayes took possession of the Ford, and Isaac, Jr., took possession of the Chevrolet.
Isaac, Sr., assigned the title certificate on the Ford to Hayes, signing the assignment 'Ike E. Wyant, Sr.' Hayes assigned the title certificate on the Chevrolet to 'Ike Edward Wyant'.
With his father's permission, Isaac, Jr., took the title form on the Chevrolet to the county courthouse, signed 'Ike Edward Wyant' on the bottom of it, and obtained a new title certificate in the name of 'Isaac Edward Wyant'. Isaac, Jr., testified without objection by State Farm that he did not intend to put the Chevrolet in his own name, because it was not his car. Both Isaac, Sr. and Jr. testified without objection by State Auto that Isaac, Sr., owned the Chevrolet.
On April 11, 1969, Isaac, Jr., was driving the Chevrolet when it collided with a car operated by a third person.
On April 13, 1969, Mrs. Isaac Edward Wyant, Sr., reported the collision to State Farm's agent. On the next day she reported to the agent that the Chevrolet had replaced the Ford.
The third person involved in the collision sued Isaac, Sr., and Isaac, Jr., for damages. That lawsuit is pending.
Subsequently State Farm commenced the present separate law action, asking judgment declaring that the Chevrolet was owned by Isaac, Jr., and was not covered by its policy.
After trial, the trial court found as a fact that Isaac, Sr., owned the Chevrolet. The trial court held the policy covered that car. State Farm appealed the case to us.
The answers to two questions determine the appeal: (1) Is ownership of the Chevrolet determined by the Iowa title certificate statute? (2) Is the evidence sufficient to support the trial court's finding as to ownership?
I. Title Certificate Statute. The trial court held that ownership of the Chevrolet is to be determined without reference to the title certificate statute because a third-party claim is involved.
The pertinent statutes are §§ 321.45(2) and 321.493, Code, 1971. The relevant portion of § 321.45(2) provides:
§ 321.45(2). No person shall acquire any right, title, claim or interest in or to any vehicle subject to registration under this chapter from the owner thereof except by virtue of a certificate of title issued or assigned to him for such vehicle or by virtue of a manufacturer's or importer's certificate delivered to him for such vehicle; nor shall any waiver or estoppel operate in favor of any person claiming title to or interest in any vehicle against a person having possession of the certificate of title or manufacturer's or importer's certificate for such vehicle for a valuable consideration except in case of (here follow paragraphs A, b and C, which are not involved in this case, and then:)
D. except for the purposes of § 321.493.
Except in the above enumerated cases, no court in any case at law or equity shall recognize the right, title, claim or interest of any person in or to any vehicle subject to registration sold or disposed of, or mortgaged or encumbered, unless evidenced by a certificate of title or manufacturer's or importer's certificate duly issued or assigned in accordance with the provisions of this chapter.
Section 321.493 provides:
§ 321.493. In all cases where damage is done by any motor vehicle by reason of negligence of the driver, and driven with the consent of the owner, the owner of the motor vehicle shall be liable for such damage.
A person who has made a bona fide sale or transfer of his right, title, or interest in or to a motor vehicle and who has delivered possession of such motor vehicle to the purchaser or transferee shall not be liable for any damage thereafter resulting from negligent operation of such motor vehicle by another, but the purchaser or transferee to whom possession was delivered shall be deemed the owner. The provisions of subsection 2 of section 321.45 shall not apply in determining, for the purpose of fixing liability hereunder, whether such sale or transfer was made.
Section 321.493, on which the trial court relied, applies between an alleged car owner and a third person when the third person asserts a damage claim against such owner. E.G., State Auto &...
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