Kale Swainston And Stephanie Swainston Vs. American Family Mutual Insurance Company ( 2009 )

IN THE SUPREME COURT OF IOWA
No. 08–0391
Filed July 17, 2009
KALE SWAINSTON and STEPHANIE SWAINSTON,
Appellants,
vs.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY,
Appellee.
On review from the Iowa Court of Appeals.
Appeal from the Iowa District Court for Polk County, Eliza J. Ovrom,
Judge.
Further review of court of appeals decision affirming district court
summary judgment in favor of insurer, dismissing policyholders' claim for
uninsured motorist benefits. DECISION OF COURT OF APPEALS
VACATED. DISTRICT COURT JUDGMENT REVERSED AND CASE
REMANDED.
Steven V. Lawyer of Steven V. Lawyer & Associates, P.L.C.,
Des Moines, for appellants.
Coreen K. Sweeney and Anna W. Mundy of Nyemaster, Goode, West,
Hansell & O'Brien, P.C., Des Moines, for appellee.
2
TERNUS, Chief Justice.
The appellants, Kale and Stephanie Swainston, appeal from a district
court summary judgment ruling, holding that the appellee, American Family
Mutual Insurance Company, has no obligation to pay uninsured motorist
(UM) benefits to the Swainstons under an insurance policy issued to them by
American Family. The court of appeals affirmed the district court decision
that American Family had no liability under its policy because its UM
benefits could not be stacked on top of UM benefits recovered by the
Swainstons under a policy issued by another insurer. Upon our further
review, we hold that American Family’s liability is governed by Iowa Code
section 516A.2(3) (2003), and this statute requires American Family to pay
up to its policy limits, subject to the Swainstons meeting the other
prerequisites of the policy. Therefore, we vacate the court of appeals
decision, reverse the district court judgment, and remand for further
proceedings.
I. Background Facts and Proceedings.
In 2004 the Swainstons were passengers in a vehicle involved in a
collision when an approaching van driven by Jaime Colqul crossed the
centerline and struck the vehicle in which the Swainstons were riding.
Although Colqul was uninsured, the owner of the vehicle in which the
Swainstons were passengers had an automobile policy issued by State Farm
Mutual Automobile Insurance Company with UM limits of $250,000 per
person and $500,000 per accident. State Farm paid the limits of its UM
coverage to the Swainstons and three other persons injured in the accident.
Kale received $195,000, and Stephanie was paid $54,000.
At the time of the collision, the Swainstons had their own automobile
policy issued by American Family. This policy included uninsured motorist
coverage with per-person limits of $100,000 and per-accident limits of
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$300,000. The Swainstons brought this suit to recover UM benefits under
the American Family policy.
American Family filed a motion for summary judgment, contending
Iowa Code section 516A.2 prohibited the plaintiffs’ recovery under the
American Family policy because they had already received UM benefits
under the higher limits provided by the State Farm policy. American Family
asked for judgment in its favor and a dismissal of the plaintiffs’ claim for UM
benefits. The plaintiffs responded with their own motion for partial
summary judgment, claiming the American Family policy allowed stacking of
UM coverages, and such stacking was not prohibited by section 516A.2.
They requested a ruling from the court that American Family had coverage
for their damages up to the amount of its policy limits.
The district court determined the American Family policy was silent as
to stacking, and therefore, pursuant to section 516A.2(3), the Swainstons’
recovery was limited to the highest single limit of applicable UM coverages.
Because the State Farm UM limits were higher than the American Family
UM limits, the court concluded the plaintiffs were not entitled to recover
under the American Family policy. The court granted summary judgment to
American Family on the plaintiffs’ claim and denied the plaintiffs’ cross-
motion for partial summary judgment.
The plaintiffs appealed, and their appeal was transferred to the court
of appeals. The court of appeals agreed with the reasoning of the district
court and affirmed the district court’s judgment. We granted the plaintiffs’
application for further review.
II. Legal Principles Governing Our Review.
A. Scope of Review. We review rulings on summary judgment
motions for the correction of errors of law. Thomas v. Progressive Cas. Ins.
Co., 749 N.W.2d 678, 681 (Iowa 2008). “To obtain a grant of summary
4
judgment on some issue in an action, the moving party must affirmatively
establish the existence of undisputed facts entitling that party to a particular
result under controlling law.” Interstate Power Co. v. Ins. Co. of N. Am., 603
N.W.2d 751, 756 (Iowa 1999).
B. Contract Interpretation. “When the parties offer no extrinsic
evidence on the meaning of policy language, the interpretation and
construction of an insurance policy are questions of law for the court.” Lee
v. Grinnell Mut. Reins. Co., 646 N.W.2d 403, 406 (Iowa 2002). In construing
insurance contracts, we adhere to the rule “that the intent of the parties
must control.” A.Y. McDonald Indus., Inc. v. Ins. Co. of N. Am., 475 N.W.2d
607, 618 (Iowa 1991). Except in cases of ambiguity, that intent is
determined by what the policy says. Id.Statutory provisions also play a role in the interpretation of insurance
contracts, as we explained in Thomas:
Notwithstanding the principle that the plain meaning of an
insurance contract generally prevails, this court has recognized
that statutory law may also affect the interpretation and validity
of policy provisions. When a statute authorizes a contract of
insurance, “ ‘[t]he statute itself forms a basic part of the policy
and is treated as if it had actually been written into the policy.’ ”
Consequently, when construing a contract provision that affects
underinsured [or uninsured] motorist coverage, we must review
not only the language of the policy but the terms of the UIM [and
UM] statute, Iowa Code chapter 516A, as well.
749 N.W.2d at 682 (quoting Lee, 646 N.W.2d at 406) (citations omitted).
C. Statutory Interpretation. Principles of statutory interpretation
are well established.
In construing statutes, we give effect to the legislature’s
intention. In ascertaining legislative intent, we consider the
language used in the statute, the object sought to be
accomplished, and the wrong to be remedied. We consider all
parts of an enactment together and do not place undue
importance on any single or isolated portion.
5
Mortensen v. Heritage Mut. Ins. Co., 590 N.W.2d 35, 39 (Iowa 1999) (citations
omitted).
III. Discussion.
It is important at the outset to have a clear understanding of two
concepts that are important in this case––stacking and other insurance
clauses.
The concept of “stacking” coverages . . . arises where the same
claimant and the same loss are covered under multiple policies,
or under multiple coverages contained in a single policy, and the
amount available under one policy is inadequate to satisfy the
damages alleged or awarded. In essence, stacking describes the
phenomenon of insureds . . . adding all available policies
together to create a greater pool in order to satisfy their actual
loss.
12 Lee R. Russ & Thomas F. Segalla, Couch on Insurance § 169:4, at 169-14
to 169-15 (3d ed. 1998) (footnote omitted) [hereinafter Couch on Insurance];
accord Mortensen, 590 N.W.2d at 38 (“Stacking is a term which refers to the
availability of more than one insurance policy, or one policy with multiple
vehicles, providing reimbursement of the losses of the insured.”); Farm
Bureau Mut. Ins. Co. of Iowa v. Ries, 551 N.W.2d 316, 318 (Iowa 1996)
(same). When an insured seeks to recover UM benefits under more than one
policy, as here, the issue is one of interpolicy stacking. Mortensen, 590
N.W.2d at 38. “Intrapolicy stacking occurs when the insured recovers . . .
uninsured benefits for more than one vehicle under a single policy.” Id.Other insurance provisions are conceptually different from stacking.
The basic difference between the concept of stacking and
the operation of other insurance clauses can be simply stated
as: other insurance clauses address rules for determining
responsibility if more than one coverage is considered to apply,
while stacking addresses whether more than one coverage which
would otherwise be applicable should, in fact, be applied at all.
As such, the “other insurance” clauses should only come into
play after the determination of whether the insured has the right
to stack coverages at all.
6
Couch on Insurance § 169:9, at 169-23 (footnote omitted); accord Mortensen,
590 N.W.2d at 40 (“Stacking concerns whether more than one coverage
should be paid to an insured. Other insurance clauses, on the other hand,
apply after a determination of the applicability of stacking has been made,
and address rules of responsibility between insurance companies.” (Citation
omitted.)). 1
“Other insurance clauses are generally of three types: (1) calling for
proration of coverage between the multiple policies; (2) stating that the policy
will be ‘excess’ to any other applicable coverage; (3) seeking to avoid any
contribution at all.” Couch on Insurance § 169:9, at 169-23 (footnote
omitted). When an other insurance provision is of the last type, providing
that the coverage will not apply when other applicable coverage exists, “the
other insurance provision may be considered either to preclude the issue of
stacking by rendering the additional coverage inapplicable, or to represent a
policy provision which prohibits stacking.” Id. at 169-24; accord id.
§ 169:32, at 169-73 (“The insurer may also avoid stacking by using an ‘other
insurance’ or ‘excess escape’ clause which is unambiguous . . . .” (Footnote
omitted.)).
With these concepts in mind, we turn to the Iowa statute that has
been interpreted to allow insurers to include either stacking or antistacking
provisions in the UM coverage of their policies. See Iowa Code § 516A.2. 2
A. Section 516A.2. Iowa Code section 516A.2(1) requires that UM
coverage be afforded, “whether alone or in combination with similar coverage
1Admittedly, our prior cases have not been entirely consistent in distinguishing
between the concept of stacking—the availability of multiple coverages––and other insurance
provisions addressing the priority of coverage when multiple coverages are available. See,
e.g., Mewes v. State Farm Auto. Ins. Co., 530 N.W.2d 718, 725 (Iowa 1995) (referring to
insurer’s other insurance clause as an antistacking provision).
2Section 516A.2 also applies to underinsured motorist (UIM) coverage. Because UIM
coverage is not at issue in this case, we limit our references in this opinion to UM coverage.
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afforded [under other policies],” only in limits that would have been afforded
had the insured been injured by a motorist insured under a policy with the
minimum liability limits required by Iowa law. Id. § 516A.2(1). 3 Because
this statute requires only minimum limits, we have construed this provision
to permit insurers to include policy terms prohibiting stacking of multiple
UM benefits. Mortensen, 590 N.W.2d at 38–39. In other words, an
insurance company can prohibit interpolicy stacking by including a
provision stating that its policy does not provide coverage if the insured has
UM coverage under another policy providing at least the required minimum
limits. Similarly, an insurer can avoid intrapolicy stacking by stating that
only one limit of liability is available regardless of the number of vehicles
insured. See Couch on Insurance § 169:40, at 169-88 to 169-90 (discussing
insurers’ use of limit-of-liability provisions to prohibit intrapolicy stacking).
While section 516A.2(1) allows antistacking provisions, section
516A.2(2) requires the commissioner of insurance to assure the availability
3Iowa Code section 516A.2(1) provides in pertinent part:
[N]othing contained in this chapter shall be construed as requiring forms of
coverage provided pursuant hereto, whether alone or in combination with
similar coverage afforded under other automobile liability or motor vehicle
liability policies, to afford limits in excess of those that would be afforded had
the insured thereunder been involved in an accident with a motorist who was
insured under a policy of liability insurance with the minimum limits for
bodily injury or death prescribed in subsection 11 of section 321A.1. Such
forms of coverage may include terms, exclusions, limitations, conditions, and
offsets which are designed to avoid duplication of insurance or other benefits.
To the extent that Hernandez v. Farmers Insurance Company, 460
N.W.2d 842 (Iowa 1990), provided for interpolicy stacking of uninsured or
underinsured coverages in contravention of specific contract or policy
language, the general assembly declares such decision abrogated and
declares that the enforcement of antistacking provisions contained in a motor
vehicle insurance policy does not frustrate the protection given to an insured
under section 516A.1.
(Emphasis added.) Iowa Code section 321A.1(11), which provides the baseline for UM
coverage under section 516A.2(1), requires liability limits of $20,000 per person and
$40,000 per accident.
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of policies that provide for the stacking of UM coverages. Iowa Code
§ 516A.2(2). 4 We have interpreted this provision as evidencing a legislative
intent that parties may contract for policies that permit stacking of UM
benefits. Mortensen, 590 N.W.2d at 39.
The dispute in this case centers on the third subsection of section
516A.2, which states:
It is the intent of the general assembly that when more than one
motor vehicle insurance policy is purchased by or on behalf of
an injured insured and which provides uninsured . . . motor
vehicle coverage to an insured injured in an accident, the
injured insured is entitled to recover up to an amount equal to
the highest single limit for uninsured . . . motor vehicle coverage
under any one of the above described motor vehicle insurance
policies insuring the injured person which amount shall be paid
by the insurers according to any priority of coverage provisions
contained in the policies insuring the injured insured.
Iowa Code § 516A.2(3). In Mortensen, we held that, when an insurance
policy is silent with respect to the stacking of multiple UM coverages, section
516A.2(3) provides a default rule that permits the insured “to recover up to
the highest policy limit.” 590 N.W.2d at 39.
The plaintiffs challenge our interpretation of section 516A.2(3) in
Mortensen, contending subsection (3) “creates a nonoptional prohibition of
stacking of uninsured . . . coverage in those circumstances where the
policies involved were ‘purchased by or on behalf of’ the injured individual.”
They claim this court ignored the mandatory nature of subsection (3), as well
as its limited reach.
4Section 516A.2(2) provides:
Pursuant to chapter 17A, the commissioner of insurance shall, by January 1,
1992, adopt rules to assure the availability, within the state, of motor vehicle
insurance policies, riders, endorsements, or other forms of coverage, the
terms of which shall provide for the stacking of uninsured and underinsured
coverages with any similar coverage which may be available to an insured.
Iowa Code § 516A.2(2).
9
The policies involved in Mortensen were both issued to the injured
party, so the applicability of the “by or on behalf of” language was not at
issue in that case. Id. at 37. In an earlier case, however, Mewes v. State
Farm Automobile Insurance Co., 530 N.W.2d 718 (Iowa 1995), this court did
consider this particular language. In Mewes, we placed a broad
interpretation on the so-called limiting language of subsection (3)––
“purchased by or on behalf of.” 530 N.W.2d at 725. We held a policy that
provided coverage to persons based on their occupancy of the insured vehicle
as passengers was purchased “on behalf of” the passengers as contemplated
by subsection (3). Id.We are not inclined to overrule our Mewes decision. The legislature
chose broad language to describe the scope of this subsection––“by or on
behalf of.” Had the legislature wanted to limit the rule of this subsection to
more restricted circumstances, it could have used more definitive terms,
including only policies under which the injured person was a named insured
or member of the named insured’s household. The legislature did not do so.
Thus, our interpretation of subsection (3) is consistent with the statutory
language, as well as the legislature’s overall intent in enacting section
516A.2, which was to permit insurers to avoid the stacking of multiple UM
coverages. Id. at 724.
We think our decision in Mortensen, that the rule of subsection (3)
applies only as a default rule, is also consistent with legislative intent. It is
apparent from the first two subsections of section 516A.2 that the legislature
intended that Iowa insureds have the option of purchasing policies that do
not allow stacking, as well as policies that permit stacking, the latter
presumably at a higher cost. An insured’s freedom to choose the type of
coverage desired would be substantially undermined if section 516A.2(3)
were interpreted to be a mandatory rule whenever the policies were
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purchased by or on behalf of the injured person. Under the plaintiffs’
interpretation of subsection (3), an insured who purchased policies
permitting stacking could be deprived of the benefit of his bargain. The
plaintiffs suggest no reason the legislature would encourage the availability
of policies that allow as well as prohibit stacking in subsections (1) and (2)
and then impose a mandatory rule in subsection (3) that would apply
notwithstanding the terms of the insurance contract. We continue to believe
that interpreting subsection (3) to provide a default rule when the parties
have failed to address stacking in their insurance contract best effectuates
the legislative intent evidenced in section 516A.2.
Finally, and notwithstanding supporting language in Mortensen, 5 we
disagree that subsection (3) prohibits stacking in the sense of limiting an
insured to recovery under one policy, as the plaintiffs argue. First of all,
subsection (3) only addresses interpolicy stacking. See Iowa Code
§ 516A.2(3) (referring to situations “when more than one motor vehicle
insurance policy is purchased by or on behalf of an injured insured”
(emphasis added)). With respect to the applicability of multiple policies,
subsection (3) strikes a middle ground: it anticipates that all applicable
coverages are available to pay the insured’s loss, but limits the insurers’
exposure under their policies to “the highest single limit for uninsured . . .
motor vehicle coverage under any one of the above described motor vehicle
insurance policies insuring the injured person.” Id. (emphasis added). The
insurers’ liability for this sum is determined by the other insurance
provisions of the policies. Id. (stating this amount “shall be paid by the
5We stated in Mortensen that section 516A.2(3) provides a default rule permitting the
insured “to recover up to the highest policy limit, with no stacking of coverage.” 590 N.W.2d
at 39 (emphasis added). The latter portion of this statement is not entirely accurate, as our
discussion of the default rule in the case before us shows. Section 516A.2(3) does not make
antistacking the default rule, as subsection (3) specifically provides for the applicability of
multiple coverages, collectively subject to the highest limit of liability.
11
insurers according to any priority of coverage provisions contained in the
policies insuring the injured insured”). In summary, the default rule under
subsection (3) is that an insured covered by multiple policies is entitled to
recover the highest single applicable UM limit, paid by all insurers according
to their other insurance clauses. 6
We now examine the terms of the American Family policy.
B. American Family Policy. In the present case, the parties disagree
on whether the American Family policy addresses stacking of UM benefits.
The plaintiffs claim a provision in the “limits of liability” section of the
American Family policy contemplates stacking and, therefore, inferentially
authorizes stacking. This section includes the following relevant statement:
“We will pay no more than these maximums [referring to the stated limits of
liability] no matter how many vehicles are described in the declarations, or
insured persons, claims, claimants, policies or vehicles are involved.” Even
though this clause refers to the involvement of multiple policies, we are not
convinced this isolated reference implies that UM coverage is available under
the American Family policy when multiple policies apply. Rather, this
sentence, considered as a whole, limits liability to the per-person and per-
accident maximums stated in the declarations, effectively prohibiting
intrapolicy stacking, i.e., the application of multiple limits of liability under
this policy. See generally Mortensen, 590 N.W.2d at 37 n.1 (noting a similar
provision addresses intrapolicy stacking); 24 John Alan Appleman,
6Although the language in Mortensen referring to subsection (3) as prohibiting
stacking or containing a default antistacking rule is not accurate because that provision
allows recovery under multiple policies, the application of subsection (3) in Mortensen is
entirely consistent with our analysis of that provision in the present case. Even though we
stated in Mortensen that subsection (3) prohibited stacking, we held both policies that
applied to the insured’s loss in that case were available to pay his damages up to the
highest limit of one of the policies, payable in accordance with the other insurance clauses
of the policies. Mortensen, 590 N.W.2d at 40. Accordingly, we do not overrule Mortensen
today; we merely abandon the terminology used in that decision.
12
Appleman on Insurance § 150.1[C][4], at 197–98 (2d ed. 2004) (noting such
provisions are “designed to prohibit intra-policy horizontal stacking”). We
conclude this provision does not promise or prohibit interpolicy stacking.
We next consider whether the other insurance provision in American
Family’s policy addresses stacking. The “other insurance” provision of this
policy states in relevant part:
If there is other similar insurance on a loss covered by this Part
[UM insurance], we will pay our share according to this policy’s
proportion of the total limits of all similar insurance. But, any
insurance provided under this Part for an insured person while
occupying a vehicle you do not own is excess over any other
similar insurance.
As noted, this provision appears in the UM coverage of the policy. Therefore,
“other similar insurance” as contemplated by this provision is other UM
coverage. Clearly, this provision addresses the situation in which more than
one policy providing UM coverage applies. It does not, however, contain an
escape clause that would “avoid any contribution at all.” Couch on Insurance
§ 169:9, at 169-23. Therefore, this provision does not address stacking as
that term is understood in the insurance context. Mortensen, 590 N.W.2d at
40 (holding similar provision did not cover stacking).
We conclude, as did the district court, that the American Family policy
does not address stacking. Therefore, the default rule of section 516A.2(3)
applies. We disagree, however, with the district court’s application of that
rule. As we noted above, the default rule of subsection (3) has two
components: (1) it allows the insured to recover the highest limit of the
applicable coverages, and (2) the insurers’ liability for this sum is determined
by their other insurance or “priority of coverage” clauses. Iowa Code
§ 516A.2(3). Application of these components to the undisputed facts of this
case shows that American Family does indeed have coverage under its policy
for the plaintiffs’ damages.
13
The undisputed facts show that both the American Family and State
Farm policies provide coverage to the plaintiffs for the damages they
sustained in the subject accident. The American Family policy provided
limits of $100,000 per person and $300,000 per accident. The State Farm
policy provided coverage subject to limits of $250,000 per person and
$500,000 per accident. Therefore, “the highest single limit for uninsured . . .
motor vehicle coverage” provided by the applicable policies is $250,000 per
person and $500,000 per accident. Under section 516A.2(3), the plaintiffs
are entitled to recover up to this amount. 7
We next consider the other insurance clauses of these policies, as
section 516A.2(3) provides that the liability of insurers having available
coverage is determined by such provisions. The record does not contain the
complete State Farm policy. Nonetheless, State Farm has already paid its
policy limits, so it is fair to assume that its policy provided primary coverage
for the plaintiffs’ UM claims. American Family’s other insurance clause
states that, with one exception, it will pay its proportionate share of UM
benefits when there is other UM insurance that covers a particular loss. The
exception is when the insured’s UM loss occurs while occupying a vehicle the
insured does not own. In that event, the American Family UM coverage is
excess over other UM coverage applicable to the insured’s loss. The
undisputed facts establish that the plaintiffs were injured while occupying a
vehicle they did not own. Therefore, the American Family coverage is excess
over the State Farm coverage.
7Although American Family states in its brief that “the Swainstons recovered the
‘highest single limit for uninsured’ motor vehicle coverage” and consequently are prohibited
by section 516A.2(3) from any further recovery, we find nothing in the record to support this
statement. The undisputed facts show that neither of the plaintiffs recovered more than the
highest per-person limit of $250,000 and together they recovered only $249,000, an amount
substantially below the highest per-accident limit of $500,000.
14
State Farm has paid Kale Swainston $195,000 and Stephanie
Swainston $54,000. Having recovered less than the $250,000 per person
and $500,000 per accident limits, the Swainstons have not yet reached the
limits to which they are entitled by virtue of section 516A.2(3). Therefore,
subject to proof of the uninsured motorist’s liability and the extent of their
damages, they are entitled to recover under the American Family policy up to
the per-person limits of $100,000. 8
We conclude the district court erred in holding the UM coverage of the
American Family policy did not provide any coverage for the plaintiffs’
damages simply because the State Farm policy afforded UM benefits with
higher limits of liability. Therefore, the court erred in granting summary
judgment to American Family on the plaintiffs’ claim for coverage. For the
same reason, the court erred in refusing to grant partial summary judgment
to the plaintiffs. The plaintiffs were entitled to a ruling that the American
Family policy provided excess UM coverage for the plaintiffs’ damages
incurred in the accident with the uninsured motorist subject to the plaintiffs’
satisfaction of the other applicable requirements of the policy.
IV. Conclusion and Disposition.
American Family’s policy provides UM coverage for the damages
sustained by the plaintiffs. The district court erred in granting summary
judgment to American Family and denying partial summary judgment to the
plaintiffs. Accordingly, we vacate the court of appeals decision, reverse the
8Under the default rule of section 516A.2(3), an insured’s recovery will be restricted
by two sets of limits: the highest applicable limit of all policies providing coverage (here
$250,000/$500,000) and the limit of the policy under which recovery is sought (here
$100,000/$300,000). Thus, Kale, who has already been paid $195,000, can recover, at the
most, $55,000 under the American Family policy, notwithstanding American Family’s per-
person limit of $100,000, because his total recovery is limited to the highest applicable limit
of $250,000. In contrast, Stephanie has only recovered $54,000, leaving her $196,000
short of the $250,000 highest limit. Nonetheless, her potential recovery under the American
Family policy is capped at $100,000, the per-person limit of that policy.
15
judgment of the district court, and remand this case for further proceedings
consistent with this opinion.
DECISION OF COURT OF APPEALS VACATED. DISTRICT COURT
JUDGMENT REVERSED AND CASE REMANDED.