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Ponser v. St. Paul Fire & Marine Insurance Co.12/30/2004
Submitted September 29, 2004
Factual and Procedural Background
{ } Wanda Chenault died on June 10, 1999, in an automobile accident caused by Charles Hofer, who had driven left of center and struck Chenault's vehicle. It is undisputed that Hofer's negligence caused the accident. Hofer had no automobile insurance coverage in effect at the time of the accident. Chenault's insurer, Grange Insurance Company, paid the limits of Chenault's uninsured-motorist coverage, $25,000, to Chenault's estate.
{ } Chenault's relatives sought recovery under the uninsured-motorist provisions of their own policies. Defendant-appellant Motorists Mutual Insurance Company ("Motorists") had issued automobile-insurance policies, which were in effect at the time of the accident, to plaintiff-appellee Marilyn Ponser, Chenault's mother, and plaintiffs-appellees Verlin and Freda Mathis, Chenault's maternal grandparents. Defendant-appellant Nationwide Insurance Company ("Nationwide") had issued an automobile-insurance policy to plaintiff-appellee Jeanette Romine, Chenault's maternal aunt.
{ } Regarding uninsured-motorist coverage, the Motorists Mutual policies state:
{ } "A. We will pay compensatory damages which an insured is legally entitled to recover from the owner or operator of:
{ } "1. An uninsured motor vehicle * * *."
{ } The duties of the insured after an accident or loss are set forth as follows in the Motorists policies:
{ } "PART E - DUTIES AFTER AN ACCIDENT OR LOSS
{ } "We have no duty to provide coverage under this policy unless there has been full compliance with the following duties:
{ } "A. We must be notified promptly of how, when and where the accident or loss happened. Notice should also include the names and addresses of any injured persons and of any witnesses.
{ } "* * *
{ } "C. A person seeking Uninsured Motorist Coverage must also:
{ } "1. Promptly notify the police if a hit and run driver is involved.
{ } "2. Promptly send us copies of the legal papers if a suit is brought."
{ } The Nationwide policy provides uninsured-motorists coverage as follows:
{ } "We will pay compensatory damages as a result of bodily injury suffered by you or a relative and due by law from the owner or driver of an uninsured motor vehicle."
{ } The duties of an insured under the Nationwide policy include the following:
{ } "1. The insured must:
{ } "a) submit written proof of the claim to us. * * *
{ } "* * *
{ } "2. After notice of claim, we may require the insured to take legal action against any liable party.
{ } "3. An insured may bring legal action against the other party for bodily injury . A copy of any paper served in this action must be sent to us at once.
{ } "4. The insured must:
{ } "a) obtain our written consent to:
{ } "(1) settle any legal action brought against any liable party; or
{ } "(2) release any liable party.
{ } "b) preserve and protect our right to subrogate against any liable party."
{ } By letters dated June 5, 2000, appellees informed their insurance carriers that they were making uninsured-motorist claims for injuries arising out of Chenault's accident. In the letters that Ponser and the Mathises sent to Motorists (Romine's letter to Nationwide is not part of the record), they related that no recovery could be had against Hofer: "Mr. Hofer had no liability insurance policy in effect on the date of the accident, and ot
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