Wilson v. Nationwide Mutual Insurance Company
Wilson v. Nationwide Mutual Insurance Company
Dissenting Opinion
Dissenting Opinion by
Respectfully, I dissent for the same reasons stated in my dissenting opinion filed in Stearman v. State Farm Mut. Auto. Ins. Co., 381 Md. 436, 849 A.2d 539 (2004).
Opinion of the Court
On June 20, 2002, petitioner, Taylor F. Wilson (“Wilson”), suffered serious injuries as a result of an auto collision that occurred while he was the front-seat passenger in a vehicle driven by Daniel Richard McFarland (“McFarland”). At the
Is a ‘fellow employee’ exclusion contained in a commercial automobile liability policy valid, enforceable and in accord with established Maryland public policy where such exclusion operates to limit coverage available under such policy to statutory compulsory minimum amounts where the policy purchased reflected limits substantially higher than such minimum amounts?
Nationwide filed its cross-petition for certiorari presenting the following question:
Whether, the ‘fellow employee’ exclusion contained in Natiomvide’s Automobile Insurance Policy which limits coverage to the statutory minimum for injuries to fellow employees is permitted by Maryland’s financial responsibility law, § 17-103 of the Transportation Article?
We granted both petitions. Wilson v. Nationwide, 393 Md. 242, 900 A.2d 749 (2006). We hold that the fellow employee
FACTS
The facts are undisputed. We adopt the facts as stated by J. Kenney, writing for the Court of Special Appeals in this case:
Allegheny, a Maryland corporation, performs general contracting work in the field of telecommunications. Its principal place of business is located in Carroll County, Maryland.
On the evening of June 19, 2002, Wilson and McFarland, both employees of Allegheny, were dispatched in a vehicle owned by Allegheny to perform maintenance work. While returning from the job in the early morning hours of June 20, 2002, McFarland, the driver, reportedly fell asleep, crossed the center line of the highway, and struck another vehicle head on. Wilson sustained severe injuries, including broken bones, cuts, and bruises. As a result of his injuries, he has undergone several operations, including two operations to remove more than ten feet of his small intestine. His medical expenses exceeded $100,000.
At the time of the accident, Allegheny maintained two insurance policies with Nationwide: a business automobile policy (the ‘Auto Policy’) and a workers’ compensation policy (the ‘Workers’ Compensation Policy’). The amount of liability coverage under the Auto Policy was $1,000,000. The Auto Policy provided, in relevant part:
SECTION II — LIABILITY COVERAGE
A. Coverage.
We will pay all sums an ‘insured’ legally must pay as damages because of ‘bodily injury’ or ‘property damage’ to which this insurance applies, caused by an ‘accident’*528 and resulting from the ownership, maintenance or use of a covered ‘auto.’
We have the right and duty to defend any ‘insured’ against a ‘suit’ asking for such damages or a ‘covered pollution cost or expense.’ However, we have no duty to defend any ‘insured’ against a ‘suit’ seeking damages for ‘bodily injury’ or ‘property damage’ or a ‘covered pollution cost or expense’ to which this insurance does not apply. We may investigate and settle any claim or ‘suit’ as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements.
1. Who is An Insured
The following are ‘insureds’:
a. You for any covered ‘auto.’
b. Anyone else while using with your permission a covered “auto” you own, hire or borrow.
B. Exclusions
This insurance does not apply to any of the following:
5. Fellow Employee
‘Bodily injury’ to any fellow ‘employee’ of the ‘insured’ arising out of and in the course of the fellow ‘employee’s’ employment or while performing duties related to the conduct of your business.
A standard endorsement for Nationwide business automobile policies issued in Maryland was made part of the Auto Policy. The endorsement provided, in pertinent part:
With respect to coverage provided by this endorsement, the provisions of Coverage Form apply unless modified by the endorsement.
*529 For a covered ‘auto’ licensed or principally garaged in, or ‘garage operations’ conducted in, Maryland, the Coverage Form is changed as follows:
A. Changes in Liability Coverage
Except with respect to the Business Auto Physical Damage Coverage Form, the Fellow Employee Exclusion is replaced by the following:
This insurance does not apply to ‘bodily injury’ to any fellow ‘employee’ of the ‘insured’ arising out of and in the course of the ‘fellow employee’s’ employment or while performing duties related to the conduct of your business.
However, this exclusion does not apply for coverage up to the minimum limit specified by the Maryland Vehicle Law.
Wilson, 167 Md.App. at 580-34, 893 A.2d at 1179-80.
DISCUSSION
Prior to the enactment of § 19-504 of the Insurance Article
The enactment of § 19-504 of the Insurance Article and Title 17 of the Transportation Article, however, “substantially changed the public policy of this state with regard to motor vehicle insurance and reparations for damages caused by motor vehicle accidents.” Jennings v. GEICO, 302 Md. 352, 357, 488 A.2d 166, 168 (1985). Section 19-504 of the Insurance Article and Title 17 of the Transportation Article and related statutes effectively mandated compulsory automobile insurance with required minimum coverages. The Maryland General Assembly enacted the compulsory insurance statutes in an attempt to provide some “recovery for innocent victims of motor vehicle accidents.” State Farm, 307 Md. at 639, 516 A.2d at 590. (Citations omitted.) As the Court of Special Appeals noted, in this case,
“[a]fter the enactment of the compulsory liability insurance law, certain exclusions commonly found in automobile insurance policies that effectively excluded all liability coverage were held to violate public policy and declared invalid. See, e.g., Salamon v. Progressive Classic Ins. Co., 379 Md. 301, 303, 841 A.2d 858 (2004) (holding that a ‘pizza exclusion,’ by which an insurer could deny coverage to an insured driver delivering property for compensation at the time of the accident, was void as against public policy); Lee v. Wheeler, 310 Md. 233, 237, 528 A.2d 912 (1987) (concluding that a “phantom vehicle exclusion,” which excluded liability coverage to a Maryland insured in cases where there was no physical contact between the insured vehicle and the phantom vehicle, was invalid under Maryland law).
Wilson, 167 Md.App. at 537, 893 A.2d at 1183.
Wilson argues that Nationwide’s attempt to reduce liability coverage from the stated policy amount of $1,000,000 per
In Jennings, at issue was the validity of a household exclusion clause contained within an automobile liability insurance policy. The household exclusion in that policy operated to bar coverage for family members injured in an accident involving the insured vehicle. Jennings, 302 Md. at 354, 488 A.2d at 167. Mr. Jennings was involved in an automobile collision. The vehicle was owned by him but operated by his stepson who resided in the same household. Mr. Jennings brought a declaratory judgment action against GEICO, the automobile liability insurer, asserting that the household exclusion contained in the policy was void because it was contrary to the statute.
the purpose of the Maryland compulsory statutes is to ‘[assure] recovery for innocent victims of motor vehicles accidents.’ Nonetheless, we stated in State Farm that we ‘do not view that purpose as extending beyond the prescribed statutory minimum coverage, so far as the ‘household exclusion’ is concerned.’ Succinctly stated, the public policy in question in State Farm and in ... [Stearman ] is that all automobile liability policies shall contain bodily injury or death liability coverage in at least the amount of $20,000/$40,000.
(Citations omitted.)
In Enterprise, the issue before the Court was “whether the lessor of a motor vehicle is relieved of financial responsibility for third-party claims resulting from the negligent operation of its rental vehicle by a permittee when the vehicle’s operation is in violation of the express terms of the rental agreement.” 341 Md. at 543, 671 A.2d at 510. Following an automobile collision resulting in bodily injury, Allstate sought a declaratory judgment that, based on § 18-102,
In State Farm, we considered whether the household exclusion contained within an automobile insurance policy was “wholly invalid, or whether its invalidity extended] only to the amount of minimum liability coverage required by the compulsory insurance law.” 307 Md. at 633, 516 A.2d at 587-88. We acknowledged that the household exclusion at issue in that case was not among the exclusions expressly permitted by the General Assembly, but, nonetheless, still found the exclusion valid. We explained that “what the legislature has prohibited
Judge Adkins, writing for the Court in State Farm, warned against reading Jennings too sweepingly, as Wilson does in this case. The Court noted that Jennings “speaks in broad terms of the invalidity of the household exclusion because of its violation of the statutory compulsory liability insurance policy.” State Farm, 307 Md. at 636, 516 A.2d at 588. We reaffirm Jennings and point out that Jennings and State Farm stand for the principle that, although not explicitly mentioned by the General Assembly, an exclusion can be a valid and enforceable contractual provision as to coverage above the minimum statutory automobile liability insurance amount.
In addition, Wilson contends that our holding in Larimore v. Am. Ins. Co., 314 Md. 617, 552 A.2d 889 (1989), is “unmistakable” that the fellow employee exclusion is invalid.
We compare the insurance policy in Larimore with the insurance policy issued in the present case. The fellow employee exclusion contained in Nationwide’s policy is a standard provision which reduces coverage in connection with claims by an employee against the employer as a result of an injury on the job and “resulting from the ownership, maintenance or use of a covered ‘auto.’ ” The fellow employee exclusion in this case closely resembles the household exclusions at issue in State Farm and Stearman, in that they all exclude coverage beyond the mandatory minimum coverage, but, unlike the exclusion in Larimore, do not exclude all coverage. It is our view that, similar to Jennings, Larimore should not be read so sweepingly. In Larimore, this Court did not reach the question of whether a fellow employee exclusion that excluded coverage above the mandatory minimum coverage was valid. Instead, Larimore is unmistakable, only in its holding, that the availability of workers’ compensation insurance coverage does not permit the insurer to exclude all coverage under the liability policy. That case, however, is silent on the issue in the case sub judice and thus, is not direct precedent.
In further support of his position, Wilson cites West Am. Ins. Co. v. Popa, 352 Md. 455, 723 A.2d 1 (1998). “In that case, we invalidated insurance policy provisions that excluded vehicles owned or operated by a self-insurer or by any governmental unit or agency from the definition of uninsured/under-insured vehicles.” Stearman, 381 Md. at 445, 849 A.2d at 545.
Wilson further asserts that the fellow employee exclusion contravenes the public policy underlying the compulsory insurance statutes. He contends that this Court’s decisions in Jennings, State Farm, Nationwide, and Stearman were limited to household exclusions, have not been applied in any other context, and do not operate as a general validation of all exclusions that provide coverage above statutory mínimums.
Despite Allegheny and Nationwide’s right to enter into a mutually agreeable contract, Wilson argues that the fellow employee exclusion in this case permits Allegheny and Nationwide to contract away the rights of Allegheny’s employees. “As a general rule, parties are free to contract as they
CONCLUSION
We hold, therefore, that a business auto insurance policy that contains a fellow employee exclusion clause is invalid to the extent that it provides less than the minimum statutory liability coverage. So far as the public policy evidenced by Maryland’s compulsory automobile insurance law is concerned, it is a valid and enforceable contractual provision as to coverage above that minimum statutory liability limits.
JUDGMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED. COSTS IN THIS COURT AND IN THE COURT OF SPECIAL APPEALS TO BE PAID BY PETITIONER.
. Md.Code (1997, 2006 Repl.Vol.) § 19-504 of the Insurance Article requires, "[e]ach motor vehicle liability insurance policy issued, sold, or delivered in the State shall provide the minimum liability coverage specified in Title 17 of the Transportation Article.”
. Specifically, Md.Code (1977, 2006 Repl.Vol.) § 17-103(b) provides: The security required under this subtitle shall provide for at least:
(1) The payment of claims for bodily injury or death arising from an accident of up to $20,000 for any one person and up to $40,000 for any two or more persons, in addition to interest and costs;
(2) The payment of claims for property of others damaged or destroyed in an accident of up to $15,000, in addition to interest and costs;
(3) Unless waived, the benefits described under § 19-505 of the Insurance Article as to basic required primary coverage; and
(4) The benefits required under § 19-509 of the Insurance Article as to required additional coverage.
. Jennings contended that the household exclusion at issue was inconsistent with the public policy expressed in § 17-103 of the Transportation Article. The Court of Special Appeals correctly said, "it is the public policy of this State, as reflected in this legislation, that security for bodily [injury] and death claims be provided for all ... motor vehicles in the form of liability coverage in the minimum amounts of $20,000 for one person and $40,000 for two or more persons." Nationwide v. Wilson, 167 Md.App. 527, 546, 893 A.2d 1177, 1189 (2006).
. Md.Code (1977, 2006 Repl.Vol.) § 18-102 of the Transportation. Article provides:
(a)(1) The Administration may not register any motor vehicle, trailer, or semitrailer to be rented until the owner of the vehicle certifies to the satisfaction of the Administration that the owner has security for the vehicle in the same form and providing for the same minimum benefits as the security required by Title 17 of this article for motor vehicles.
(2)(i) In this paragraph, "replacement vehicle” means a vehicle that is loaned by an auto repair facility or a dealer, or that an individual rents temporarily, to use while a vehicle owned by the individual is not in use because of loss, as "loss” is defined in that individual's applicable private passenger automobile insurance policy, or because of breakdown, repair, service, or damage.
(ii) Subject to subparagraph (iii) of this paragraph, an owner of a replacement vehicle may satisfy the requirement of paragraph (1) of this subsection by maintaining the required security described in § 17-103 of this article that is secondary to any other valid and collectible coverage and that extends coverage to the owner’s vehicle*533 in amounts required under § 17-103(b) of this article while it is used as a replacement vehicle.
(iii) If an owner of a replacement vehicle provides coverage as provided under subparagraph (ii) of this paragraph, the agreement for the replacement vehicle to be signed by the renter or the individual to whom the vehicle is loaned shall contain a provision on the face of the agreement, in at least 10 point bold type, that informs the individual that the coverage on the vehicle being serviced or repaired is primary coverage for the replacement vehicle and the coverage maintained by the owner on the replacement vehicle is secondary.
(b) Notwithstanding any provision of the rental agreement to the contrary, the security required under this section shall cover the owner of the vehicle and each person driving or using the vehicle with the permission of the owner or lessee.
(c) If the Administration finds that the vehicle owner has failed or is unable to maintain the required security, the Administration shall suspend the registration of the vehicle.
. As the Court of Special Appeals noted, "[fjellow employee exclusions are liability exclusions in automobile policies that are seen most often in commercial policies ... and are designed to prevent an employer from maintaining coverage for employees under both worker’s compensation and business automobile insurance policies.” Wilson, 167 Md. App. at 536, 893 A.2d at 1182. (Citations omitted.)
. As discussed supra, in State Farm Mut. Auto. Ins. Co. v. Nationwide Mut. Ins. Co., 307 Md. 631, 644, 516 A.2d 586, 592 (1986), we held that the household exclusion clause was invalid only to the extent of the statutorily prescribed minimum liability coverage of $20,000/$40,000.
. As discussed supra, each automobile insurance policy minimally must include liability insurance for the "payment of claims for bodily injury or death arising from an accident of up to $20,000 for any one person and up to $40,000 for any two or more persons,” § 17 — 103(b)(1) of the Transportation Article; § 19-504 of the Insurance Article.
. Assuming arguendo, under the policy presented in this case, if the injuries exceed the $20,000 minimum coverage provided by the Auto Policy, recourse for an Allegheny employee who is injured by a fellow employee's negligent actions is through workers’ compensation benefits. In this case, there is no dispute that Allegheny provided workers' compensation coverage for this accident.
Reference
- Full Case Name
- Taylor F. WILSON v. NATIONWIDE MUTUAL INSURANCE COMPANY
- Cited By
- 7 cases
- Status
- Published