U.S. Fidelity & Guar. Co. v. Lehman

• Decision Date: 07 September 1990
• Citation: 579 So.2d 585
• Parties: UNITED STATES FIDELITY & GUARANTY COMPANY v. James H. LEHMAN, Jr., and Cynthia B. Lehman. 88-1483.
• Court: Alabama Supreme Court

Page 585

579 So.2d 585

UNITED STATES FIDELITY & GUARANTY COMPANY v. James H. LEHMAN, Jr., and Cynthia B. Lehman.

88-1483.

Supreme Court of Alabama.

Sept. 7, 1990.

Rehearing Denied April 19, 1991.

Donna S. Pate of Lanier, Ford, Shaver & Payne, Huntsville, for appellant.

Trey Riley, Huntsville, for appellees.

ADAMS, Justice.

This is an uninsured motorist case with a very interesting set of facts. James H. Lehman, Jr., was employed as a salesman at Regal Nissan automobile dealership in 1986. He agreed one day to accompany Mark McCauley, who purported to be a potential customer, to McCauley's home in order to pick up his automobile. It was Lehman's understanding that McCauley was planning to use it as a trade-in for a Nissan. The two left the dealership in a Nissan 300-ZX that was owned by the dealership. McCauley drove. When they turned onto the street where McCauley had said he lived, however, McCauley slowed the car down, cut Lehman's throat with a switchblade, and said "I'm going to kill you. You're going to die." Lehman sustained a stab wound to his chest and cuts on his hands during his attempt to fend off the attack. After managing to kick the gear shift lever and thereby put the transmission into reverse gear, Lehman succeeded in getting out of the car. McCauley drove away. McCauley was later arrested and is presently serving a prison sentence based on his actions that day. As a result of the incident, Lehman had certain medical expenses, which were covered by workman's compensation. He and his wife sued U.S.F. & G., seeking benefits under their uninsured motorist coverage. The trial judge awarded Lehman $100,000 and his wife $20,000. We reverse and remand.

The Lehman policy with United States Fidelity & Guaranty defines "uninsured motor vehicle" and gives the circumstances under which the insurance company will make payment:

"3. 'UNINSURED MOTOR VEHICLE' means a land motor vehicle or trailer:

"....

"c. For which an insuring or bonding company denies coverage or is or becomes insolvent,

"B. WE WILL PAY

"1. WE will pay all sums the INSURED is legally entitled to recover as damages from the owner or driver of an UNINSURED MOTOR VEHICLE. The damages must result from BODILY INJURY caused by an ACCIDENT. The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the UNINSURED MOTOR VEHICLE."

We do not have to address the question of whether, within the meaning of the policy, the vehicle involved in the incident was "uninsured" under the facts of this case, because, even if we assume for the purpose of argument that the vehicle was uninsured, we nevertheless would have to reverse because of other language quoted above.

The trial judge cited Alabama Farm Bureau Mutual Casualty Insurance Co. v. Mitchell, 373 So.2d 1129 (Ala.Civ.App.1979), as authority for the judgment awarded to the Lehmans. In that case, Mrs. Mitchell was knocked unconscious by Donald Ray Brown, who then placed her in the trunk of her car. Brown then drove the car for a couple of days and abandoned the car when it ran out of fuel. From the evidence offered, it appeared that Mrs. Mitchell was alive when she was placed in the trunk and that she died while there.

At first glance, the Mitchell case appears to be...