 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
American Family Mutual Insurance Co. v. White3/20/2003
etermine the applicability of exclusionary clauses separately as to any insured asserting coverage." United Servs. Auto. Ass'n v. DeValencia, 190 Ariz. 436, 438, 949 P.2d 525, 527 (App. 1997) (citing Cota v. Indus. Indem. Co., 141 Ariz. 526, 529, 687 P.2d 1281, 1284 (App. 1984)). Appellant argues that this statement in DeValencia means that the "violation of law" exclusion does not apply to the claims against the Wildes, because only Travis was convicted of violating a criminal law. We distinguish DeValencia.
The exclusionary clause in DeValencia applied to "acts or omissions 'arising out of or in connection with a business engaged in by an insured.'" Id. (italics added; boldface omitted). The exclusionary clause at issue in the present case applied to "violation of any criminal law for which any insured is convicted." (Italics added.) Appellant argues that "any" means no more than "an." Although American Family conceded the point at oral argument, we draw our own conclusions about this question of law.
Most courts that have construed the phrase "any insured" in an exclusion have found that it bars coverage for any claim attributable to the excludable acts of any insured, even if the policy contains a severability clause. We join that majority.
We conclude that the phrase "any insured" in an exclusionary clause means something more than the phrase "an insured." " he distinction between 'an' and 'any' is that the former refers to one object . . . and the latter refers to one or
16
more objects of a certain type." Taryn, 505 N.W.2d at 421. As we recently stated in another case, "Courts have consistently interpreted the language 'any insured' as expressing a contractual intent to prohibit recovery by innocent co-insureds. Thus, if any one of the insureds [violates the exclusion], no other insureds can recover." Brown v. United States Fid. & Guar. Co., 194 Ariz. 85, 95, 61, 977 P.2d 807, 817 (App. 1998) (citations omitted). See also Chacon, 788 P.2d at 751 (" nlike the phrase 'the insured,' the phrase 'any insured' unambiguously expresses a contractual intent to create joint obligations and to prohibit recovery by an innocent co-insured.") (quoting Sales v. State Farm Fire & Cas. Co., 849 F.2d 1383, 1385 (11th Cir. 1988)).
We also conclude that the negligent supervision claim against the Wildes is excluded because it derives from the claim against Travis, which is excluded. See Behrens v. Aetna Life & Cas., 153 Ariz. 301, 302, 736 P.2d 385, 386 (App. 1987) (finding that a claim for negligent entrustment or supervision could not exist apart from the excluded negligent operation of a boat); Lumbermens Mut. Cas. Co. v. Kosies, 124 Ariz. 136, 138, 602 P.2d 517, 519 (App. 1979) ("It is evident that negligent entrustment as a distinct and specific cause of action is not exclusive of, but rather is derived from, the more general concept of ownership, operation and use of a motor vehicle."). See also Norgard, 518 N.W.2d at 184 (stating that the focus of an exclusion should be the injury , not the pleaded cause of action).
V.
The judgment is affirmed.
E. G. NOYES, JR., Judge
CONCURRING:
WILLIAM F. GARBARINO, Presiding Judge
BARBARA M. JARRETT, Judge Pro Tempore
Page 1 2 3 4 5 Arizona Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|