Commerce Insurance v. Blackburn
Commerce Insurance v. Blackburn
Opinion of the Court
In a dispute about the amount of underinsured motorist benefits available to the insured parties after an automobile accident, a judge of the Superior Court granted the insurer’s motion for summary judgment. This appeal followed.
Background. The facts, which were stipulated by the parties, are not in dispute. On May 9, 2008, Steven D. Blackburn
Because their injuries exceeded the amount available through Vieira’s insurance, the Blackburns also sought coverage from their insurer, Commerce Insurance Company (Commerce), pursuant to their automobile insurance policy’s $100,000 per person and $300,000 per accident underinsured motorist (UIM) coverage.
Discussion. “The interpretation of an insurance policy is a question of law, which we review de nova. Because the language of the standard Massachusetts automobile policy is set by the Commissioner of Insurance . . . , it is exempt from the rule of construction requiring ambiguities to be resolved against the insurer. Rather, the language should be construed in its usual and ordinary sense.” Chenard v. Commerce Ins. Co., 440 Mass. 444, 445-446 (2003) (citations omitted). “Interpretation of an
In “Part 12. Bodily Injury Caused by an Underinsured Auto,” the policy specifies, “We will reduce the damages an injured person is entitled to recover by: 1. The total amount collected from the automobile bodily injury liability insurance covering the legally responsible owners and operators of all insured autos.” After listing three additional situations where the insurer would reduce the damages that the insured would be entitled to recover, the policy states:
“If only one person sustains bodily injury, we will pay any unpaid damages up to the difference between the total amount collected from the automobile bodily injury liability insurance covering the legally responsible owners and operators of all insured autos and the ‘per person’ limit shown for this Part on your Coverage Selections Page. This is the most we will pay for injuries to one or more persons as the result of bodily injury to any one person in any one accident. [Hereinafter paragraph A]
“Subject to the ‘per person’ limit, if two or more people sustain bodily injury and are entitled to coverage under this Part, we will pay any unpaid damages up to the differ*522 ence between the automobile bodily injury liability insurance ‘per accident’ limit covering the legally responsible owners and operators and the ‘per accident’ limit shown for this Part on your Coverage Selections Page. This is the most we will pay for injuries to two or more people as the result of bodily injury to two or more people in any one accident.” [Hereinafter paragraph B]
The Blackburns argue that under paragraph B the insurer agrees to pay up to the difference between the per accident limit of Vieira’s coverage ($100,000) and the per accident limit of their Commerce policy ($300,000), which is $200,000. Thus, they argue that they are entitled to their full per person benefits of $100,000 each, which equals the maximum $200,000 liability pursuant to paragraph B.
Commerce argues that the language “subject to the per person limit” in paragraph B makes the calculation of UIM benefits under this paragraph identical to the calculation of benefits for injury to a single person pursuant to paragraph A. Thus, Commerce argues that for both Angelica and Steven the proper calculation is the difference between the per person Commerce coverage limits ($100,000) and the amount that each person received in bodily injury coverage from Vieira’s insurer ($50,000) so that each of the Blackburns is entitled to $50,000 in UIM benefits from Commerce.
Underinsured motorist benefits are governed by G. L. c. 175, § 113L. “The legislative purpose in enacting G. L. c. 175, § 113L, was to ensure that automobile accident victims would be adequately compensated for injuries caused by the negligence of unidentified motorists or motorists with insufficient or no liability coverage.” Mayo v. Aetna Cas. & Sur. Co., 419 Mass. 596, 600 (1995) (Mayo). The statute specifically leaves the details of UIM coverage “subject to the terms of the policy.” G. L. c. 175, § 113L(2), as amended by St. 1991, c. 376. Thus, “[w]e must construe the words of the policy according to the fair meaning of the language used, as applied to the subject matter, ... as long as the statutory language or legislative policy of G. L. c. 175, § 113L, is not contravened.” Mayo, supra at 599 (quotation and citation omitted).
The “fair meaning” of the language used in the policy com
The Commerce interpretation comports with the fair meaning of the policy language and is not inconsistent with the language of G. L. c. 175, § 113L. Cf. Mayo, 419 Mass, at 600 (deducting amounts received for [1] bodily injury liability coverage from the tortfeasor’s liability insurer and [2] worker’s compensation benefits from the amount of UIM benefits does not contravene G. L. c. 175, § 113L). That interpretation is also consistent with the principle that “policy language must be ‘read as a whole and in the context of the insurance scheme in Massachusetts.’ ”
So ordered.
We refer to the insureds by their first names to avoid confusion.
The Blackburns’ automobile was insured under a standard Massachusetts automobile insurance policy, seventh edition.
Since Commerce agrees that it owes at least $50,000 in UIM benefits to both Steven and Angelica, it paid this undisputed amount prior to the commencement of this action.
Thus, the $200,000 difference between the $100,000 per accident limit of the Travelers policy issued to Vieira and the $300,000 limit of the Commerce policy issued to the Blackburns is under paragraph B “the most we will pay for injuries to two or more people as a result of bodily injury to two or more people in any one accident.”
Insofar as the Blackburns’ argument is formulated as the need to strengthen UIM coverage protections, such a reexamination falls within the province of the Commissioner of Insurance.
Because the Blackburns’ appeal, ably presented by counsel, was not frivolous, we deny Commerce’s motion for appellate attorney’s fees and costs. See Avery v. Steele, 414 Mass. 450, 455 (1993).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.