Stuckey v. 21st Century Centennial Ins. Co.
Stuckey v. 21st Century Centennial Ins. Co.
Opinion of the Court
Allen Stuckey ran over a dead deer while driving on the Indiana Toll Road. His car jerked as he hit the deer, injuring his neck and knee. He then sought uninsured motorist coverage for those injuries-the uninsured motorist being an unknown vehicle that Dr. Stuckey surmises had previously struck and killed the deer. 21st Century Centennial Insurance Company denied his claim, so Dr. Stuckey filed this action. 21st Century has now moved for summary judgment. It contends that the unknown vehicle did not hit Dr. Stuckey, as required by the policy language, and that he does not have a corroborating witness, as also required by the policy when there is no physical contact with the uninsured vehicle. For the following reasons, the Court grants the motion.
I. FACTUAL BACKGROUND
On October 9, 2014, Dr. Allen Stuckey was alone in his car, driving westbound on the Indiana Toll Road near South Bend. He was driving in the right lane behind a semi, and pulled into the left lane to pass. Shortly after pulling into the left lane, he saw a deer laying across the lane. The deer appeared dead, and Dr. Stuckey believed that it may have been hit by a truck. Dr. Stuckey was unable to pull back into the right lane since he was already beside the truck, so he hit the brake for a moment before colliding with the deer. His car pitched up and traveled over the deer. Dr. Stuckey testified that the car threw him in different directions, causing his left knee to hit the steering column and torqueing his neck. Dr. Stuckey continued driving and did not stop at the site of the incident, but he called 911 four or five minutes later to report the deer in traffic.
At the time of the accident, Dr. Stuckey had an auto insurance policy with 21st Century Centennial Insurance Company. That policy provided certain coverage for bodily injuries sustained in an accident with an uninsured motorist. In particular, the policy stated that 21st Century "will pay compensatory damages that an insured is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury: a. Sustained by an insured; and b. Caused by an auto accident with an uninsured motor vehicle." [DE 33-2 p. 14 (internal emphases omitted) ]. The policy further defines "uninsured motor vehicle," in pertinent part, as a vehicle that "is a hit-and-run vehicle whose operator or owner cannot be identified and which hits ... a covered auto." Id. p. 15 (internal emphases omitted). In addition, the policy states, "When there has been no physical contact with the hit-and-run vehicle, the insured who claims injury or damage must provide corroborating evidence of the existence of the hit-and-run vehicle from a witness other than an insured who is making a claim." Id.
After the incident, Dr. Stuckey submitted a claim to 21st Century. However, 21st Century denied coverage for Dr. Stuckey's bodily injuries. Dr. Stuckey and his wife thus filed this suit. In the first count, they *1270seek coverage for Dr. Stuckey's injuries. In the second count, they assert that 21st Century denied their claim in bad faith. 21st Century removed this action to federal court on the basis of diversity jurisdiction. Discovery closed, and 21st Century has now moved for summary judgment.
II. STANDARD OF REVIEW
Summary judgment is proper when the movant shows that there "is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). A "material" fact is one identified by the substantive law as affecting the outcome of the suit. Anderson v. Liberty Lobby, Inc. ,
III. DISCUSSION
21st Century moves for summary judgment on both counts. It argues that it owes no uninsured motorist coverage for Dr. Stuckey's injuries under these circumstances, and that it cannot be liable on the bad faith count because its denial of coverage was correct, or at the very least was reasonable. Dr. Stuckey's claims arise under Indiana law, so the Court must resolve the claims as would the Indiana Supreme Court. State Farm Mut. Auto. Ins. Co. v. Pate ,
The Court begins with the question of whether the injuries were covered under the policy, which is dispositive for both counts. 21st Century advances two arguments on that front. First, it argues that there is no coverage because there is no evidence that a hit-and-run vehicle "hit" Dr. Stuckey's car. Second, it argues that even if the incident would otherwise be covered, Dr. Stuckey does not have a corroborating witness, as the policy requires when there "has been no physical contact with the hit-and-run vehicle." The Court agrees with 21st Century's second argument, but begins with its first argument to put the issues in context.
The policy provides uninsured motorist coverage if a hit-and-run vehicle "hits" an insured vehicle. There is no dispute here that the alleged hit-and-run vehicle did not come into contact with Dr. Stuckey's car, but the parties argue over how expansively the term "hit" can be construed. Indiana courts have held that the term "hit" includes both direct and indirect physical contact. Will v. Meridian Ins. Group, Inc. ,
Neither party has cited, nor has the Court located, an Indiana case that addresses the sequence here, where a foreign body enters the roadway, is struck by one vehicle, comes to rest, and is then struck again by the insured's vehicle. As 21st Century argues, the deer was not propelled into Dr. Stuckey's car, as the deer had come to rest for an unknown amount of time before he struck it. The sequence here thus does not match any of the scenarios that Lamb or Will discussed as constituting indirect contact where a hit-and-run vehicle strikes an intermediate object (hitting a second vehicle into the insured's car, knocking a light pole onto the insured's car, or propelling a rock into the insured's car). And as the Seventh Circuit discussed in Milam , it is difficult to describe an insured's car as being hit or struck by another car if the insured's car strikes an object that has already come to rest:
We know that striking is possible at a distance between the striker and the struck, so if the vehicle throws off some object which strikes the insured's vehicle missile-like, the accident is covered by the policy. But when the object comes to rest, and is struck rather than doing the striking-a difference that under the name trespass versus case played a fundamental role in tort pleading until modern times-the language of the policy can no longer be interpreted as providing coverage.
Milam v. State Farm Mut. Auto. Ins. Co. ,
Since Milam , however, the Indiana court of appeals appears to have adopted a more expansive view. In Will , a load of debris had apparently fallen from a truck and came to rest in the road, where the plaintiff ran into it and suffered injuries.
The Court need not definitively resolve that question, though, as it finds that the corroborating witness provision would apply regardless. The policy states that, if "there has been no physical contact with the hit-and-run vehicle," the insured "must provide corroborating evidence of the existence of the hit-and-run vehicle from a witness other than an insured who is making a claim." Dr. Stuckey concedes that he does not have any such witness. However, he argues that if the hit-and-run vehicle "hit" him, as just discussed, then there was also "physical contact," so this provision does not apply. Indiana courts have in fact previously interpreted those two terms similarly. See Will ,
"An insurance policy is a contract, and as such is subject to the same rules of construction as other contracts." Dunn v. Meridian Mut. Ins. Co. ,
Here, equating "hit" with "physical contact" would negate the corroborating witness provision. The policy provides coverage when a hit-and-run vehicle "hits" an insured, but it also requires a corroborating witness when there is no "physical contact" with the hit-and-run vehicle. Indiana courts have repeatedly held that vehicles that hit nothing at all-so-called "miss-and-run" vehicles-do not give rise to uninsured motorist coverage, meaning every hit-and-run vehicle will have made contact with something . Rice v. Meridian Ins. Co. ,
Nor does the fact that Indiana courts have previously interpreted those terms similarly when used on their own mean that the term must have that same meaning here. As the Indiana court of appeals discussed in Masten , "[b]ecause we construe insurance policies as a whole in each case, prior cases that focus upon similar or identical clauses or exclusions are not necessarily determinative of later cases because the insurance policies as a whole may differ." Masten v. AMCO Ins. Co. ,
*1273The Court must therefore accept a reasonable interpretation of "physical contact" that will give effect to the corroborating witness provision, if such an interpretation is possible. Stoler ,
The Court therefore interprets the policy as requiring a corroborating witness if the hit-and-run vehicle does not make direct physical contact with the insured vehicle. Because it is undisputed that the alleged hit-and-run vehicle here did not make direct contact with Dr. Stuckey's car, and because Dr. Stuckey does not have a corroborating witness, he is not entitled to coverage under the policy. The Court accordingly grants 21st Century's motion for summary judgment on his coverage claim.
Finally, since the Court finds that 21st Century did not owe coverage, Dr. Stuckey's bad faith claim necessarily fails.
IV. CONCLUSION
For those reasons, the Court GRANTS the defendant's motion for summary judgment.
*1274[DE 32]. The Clerk is DIRECTED to enter judgment in favor of the defendant.
SO ORDERED.
Dr. Stuckey argues that the motion should be denied as to this claim because some of the facts 21st Century cited were inadmissible. However, those facts were not necessary to 21st Century's argument, which was based on the language of the policy itself rationally supporting its position. And in any event, the burden of proof is on Dr. Stuckey. Dr. Stuckey also suggests that the adjuster was late to an appointment and was discourteous, but that is not the basis of a bad faith claim.
Reference
- Full Case Name
- Allen STUCKEY v. 21ST CENTURY CENTENNIAL INSURANCE COMPANY
- Status
- Published