Colonial Ins. Co. of Wisconsin v. Ayers
Colonial Ins. Co. of Wisconsin v. Ayers
Opinion of the Court
for the majority:
For purposes of summary judgment only, the Superior Court consolidated Colonial Ins. Co. v. Ayers, C.A. No. 99C-05-009, with Hartford Underwriters Insurance Company v. Foskey, C.A. No. 99C-08-002. Both cases involve similar legal issues relating to different insurance company defendants. The parties stipulated to the faets. The Superior Court granted the plaintiffs’ motions for summary judgment. This Court accepted separate interlocutory appeals by the insurance company defendants and consolidated these proceedings.
The threshold issue in both cases is whether a passenger in a motor vehicle involved in a personal injury accident may “stack” the underinsured motorist coverage (UIM) provided by the policy insuring the vehicle onto the passenger’s individual underinsured motorist policy(ies) to determine if the tortfeasor’s motor vehicle is underinsured. The unreported decisions by the Superior Court on that issue are in conflict.
We hold that the Delaware statute precludes the stacking of UIM coverages for purposes of the threshold inquiry into whether the UIM coverage is triggered. Accordingly, the judgments of the Superi- or Court must be reversed.
Ayers’ Stipulated Facts
The plaintiff in the first cause of action is Willie M. Ayers, guardian of Kanika Wright (“Kanika”), a minor. On June 20, 1998, Kanika was a passenger in a car involved in a one-car accident. Lynette Ayers was driving the car and is the al
William Ayers argues that, since GEICO provided $15,000 of UIM coverage to Kani-ka, she is entitled to add or stack that UIM coverage to the UIM coverage provided by Colonial. The stacked UIM coverage totals $80,000. Since the tortfea-sor’s GEICO liability coverage was $15,000, the plaintiff maintains that the tortfeasor’s vehicle is underinsured. Accordingly, Willie Ayers seeks a declaratory judgment that Kanika is entitled to under-insured coverage.
Foskey’s Stipulated Facts
The plaintiff in the second cause of action is Jerry F. Foskey, the duly appointed Administrator of the Estate of Florence Foskey. On March 21, 1999, Florence Foskey was a passenger in a vehicle owned and operated by Dorothy Riggin when a collision between Riggin’s vehicle and a vehicle driven by Kimberly Elliott oc-eurred. Florence Foskey died as a result of the accident.
Nationwide insured Riggin’s vehicle. The Riggin’s policy provided for UIM coverage of $100,000 per person. Florence Foskey carried insurance coverage issued by Hartford Underwriters Insurance Company. The UIM coverage in the Hartford policy had a limit of $100,000.
Jerry Foskey maintains that he can stack the Hartford UIM coverage of $100,000 with the UIM coverage of $100,000 on the Riggins’ vehicle in which Florence Foskey was a passenger for a total of $200,000. "When he does so, the vehicle in which Florence Foskey was a passenger is underinsured. Jerry Foskey contends that he is entitled to the UIM coverage of both policies.
Standard of Review
In these consolidated proceedings, the Superior Court was required to construe the Delaware underinsured motorist statute. Judicial construction of a statute is a determination of law, and the appropriate standard of appellate review is de novo.
Triggering UIM Coverage
The determination of whether UIM coverage is triggered is made in accordance with the statutory definition of an underinsurance motor vehicle, 18 Del. C. § 3902(b)(2)
*180 An underinsured motor vehicle is one for which there may be bodily injury liability coverage in effect, but the limits of bodily injury liability coverage under all bonds and insurance policies applicable at the time of the accident total less than the limits provided by the uninsured motorist coverage. These limits shall be stated in the declaration sheet of the policy.
The language of Section 3902(b)(2) is unambiguous.
This Court has held that the calculation of the total amount of UIM coverage available is separate and distinct from the determination of whether the UIM coverage of a specific individual policy is triggered.
In Williams, we held that “[t]he focus of the unambiguous definition of underinsurance in Section 3902(b) is on the symmetry between the limits of the claimant’s [UIM] coverage and the limits of the tortfeasor’s coverage.”
Predicate UIM Stacking Prohibited
The issue of first impression presented to this Court is whether it is permissible to stack multiple UIM coverages for the threshold purpose of establishing whether the tortfeasor is an underinsured motorist. Section 3902(b)(2) authorizes the stacking of total liability coverage “under all bonds and insurance policies.”
The plaintiffs argue that the term “the declaration sheet of the policy” refers to all underinsured policies that are potentially applicable.
It is a well-established principle of statutory construction that the General Assembly “is presumed to have inserted every provision into a legislative enactment for some useful purpose and construction, and when different terms are used in various parts of a statute, it is reasonable to assume that a distinction between the terms was intended.”
Conclusion
The judgments of the Superior Court are reversed. This matter is remanded for further proceedings in accordance with this opinion.
. Compare Hubbs v. Liberty Mut. Ins. Co., Del.Super., C.A. No. 98C-090162, 1998 WL 960749, Herlihy, J. (Dec. 11, 1998) (Mem.Op.) with Justice v. Colonial Ins. Co., Del.Super., C.A. No. 97C-05-028, 1998 WL 442717, Ridgely, J. (June 30, 1998). In Hubbs, the Superior Court concluded the UIM coverage may not be stacked for purposes of determining underinsured status, because to do so would contravene the clear language and intent of the underinsurance statute. Conversely, in Justice, the Superior Court held that a claimant may stack coverages from separate policies (which when viewed independently did not exceed the tortfeasor’s liability coverage and therefore were not triggered) in order to establish the tortfeasor’s status as an un-derinsured motorist.
. See 18 Del. C. § 3902(c); Johnson v. Colonial Ins. Co. of California, Del.Super., C.A. No. 95C-05-189, 1997 WL 126994, Herlihy, J. (Jan. 7, 1997).
. State Farm Mut. Auto. Ins. Co. v. Clarendon Nat. Ins. Co., Del.Supr., 604 A.2d 384, 387 (1992).
. Id. (quoting Hudson v. State Farm Mut. Ins. Co., Del.Supr., 569 A.2d 1168, 1170 (1990)).
. In Peebles and Williams, this Court construed (b)(2). Nationwide Mut. Auto. Ins. Co. v. Peebles, Del.Supr., 688 A.2d 1374, 1377-78 (1997); Nationwide Mut. Ins. Co. v. Williams, Del.Supr., 695 A.2d 1124 (1997). In Hurst, this Court construed subsections (b)(1) and
. Nationwide Mut. Auto. Ins. Co. v. Peebles, 688 A.2d at 1378 n. 2.
. Id. at 1378.
. Id. at 1378 n. 2 (citing Allstate Ins. Co. v. Gillaspie, Del.Super., 668 A.2d 757, 762-63 (1995), aff'd, Del.Supr., No. 327, 1995, 1996 WL 21056, Hartnett, J. (ORDER), 676 A.2d 903 (Jan. 10, 1996)).
. Couch on Insurance 3d, § 169:20 at 169-46.
. Nationwide Mut. Auto. Ins. Co. v. Peebles, 688 A.2d at 1378; Nationwide Mut. Ins. Co. v. Williams, 695 A.2d at 1126 (''|T]he definition of underinsurance in Section 3902(b)(2) operates as a prerequisite to a right of recovery from the claimant’s underinsurance motorist policy.”).
. Nationwide Mut. Ins. Co. v. Williams, Del. Supr., 695 A.2d 1124, 1127 (1997).
. Id. at 1125.
. Id. at 1127.
. 18 Del. C. § 3902(b)(2).
. 18 Del. C. § 3902(b)(2).
. The appellees assert that the Maine UIM statute is "sufficiently close to Delaware's laws” that Maine’s interpretation of its statute constitutes persuasive authority for Delaware's courts. We disagree. The Maine un-derinsurance statute interpreted in Connolly v. Royal Globe Ins. Co., Me.Supr., 455 A.2d 932 (1983), is substantially different from the Delaware UIM statute at issue. Consequently, Connolly provides no guidance to this Court with respect to interpretation of the Delaware definition of underinsurance.
. General Motors Corp. v. Burgess, Del.Supr., 545 A.2d 1186, 1191 (1988) (quoting C & T Assocs., Inc. v. New Castle County, Del. Ch., 408 A.2d 27, 29 (1979)).
Dissenting Opinion
Dissenting:
This Court has repeatedly held that the purpose of § 3902 is to “[protect] innocent persons from the negligence of unknown or impecunious tortfeasors.”
The majority’s premise — that the statute is unambiguous — does not bear scrutiny. It ignores the precedents from this Court, which demonstrate by their lack of unanimity that this statute is susceptible of more than one reasonable interpretation. Indeed, in one of the more recent realignments of the majority and dissenters, two justices noted:
This Court has struggled for many years with the language of Section 3902(b) and our shifting consensus has provided little guidance to the bar or the trial courts. Our differences have resulted from disagreements, honestly held, over the meaning of a statute that is arguably ambiguous.20
In deciding whether § 3902(b)(2) is ambiguous, it is not enough to parse the language of that subsection. The entire statute must be considered.
Section 3902(b)(2) defines “underinsured motor vehicle” as one for which the limits of all liability coverage total less than the limits of “the uninsured motorist coverage.” In a separate sentence, the statute then requires insurers to state the limits of the underinsured coverage in the declaration sheet for the insurance policy. The question is whether, by using the term “the uninsured motorist coverage” instead of, for example, “all the uninsured motorist coverage,” the legislature intended to prohibit stacking. The answer to that question cannot be gleaned from the plain meaning of the language itself, which is why there are rules of statutory construction. The primary rule is that statutes should be interpreted to give effect to the intent of the legislature.
I would affirm the Superior Court and, accordingly, I dissent.
. Frank v. Horizon Assur. Co, Del.Supr., 553 A.2d 1199, 1201 (1989). See also State Farm Mut. Auto. Ins. Co. v. Arms, Del.Supr., 477 A.2d 1060 (1984); Hurst v. Nationwide Mut. Ins. Co., Del.Supr., 652 A.2d 10 (1995); Nationwide Mut. Auto. Ins. Co. v. Peebles. Del. Supr., 688 A.2d 1374 (1997).
. State Farm Mut. Auto. Ins. Co. v. Arms, 477 A.2d at 1064.
. Nationwide Mut. Auto. Ins. Co. v. Peebles, 688 A.2d at 1380.
. Spielberg v. State, Del.Supr., 558 A.2d 291 (1989).
. Hurst v. Nationwide Mut. Ins. Co., 652 A.2d at 14.
. Ingram v. Thorpe, Del.Supr., 747 A.2d 545, 547 (2000).
Reference
- Full Case Name
- COLONIAL INSURANCE COMPANY OF WISCONSIN and GEICO Indemnity Insurance Company, Defendants Below, Appellants, v. Willie M. AYERS, Guardian of Kanika Wright, a Minor, Plaintiffs Below, Appellees; Hartford Underwriters Insurance Company and Nationwide Mutual Insurance Company, Defendants Below, Appellants, v. Jerry F. Foskey, Personal Representative of Florence Foskey, Deceased, Plaintiffs Below, Appellees
- Cited By
- 17 cases
- Status
- Published