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Shatzer v. Globe American Casualty Co.12/19/2001
enumerated." Metier v. Cooper Transp. Co., 378 N.W.2d 907, 912-13 (Iowa 1985) (quoting 2A N.J. Singer, Sutherland Statutory Construction § 47.17 (4th ed. 1984)); see Restatement (Second) of Contracts § 203(c), at 93 (1981); 3 Arthur L. Corbin, Corbin on Contracts § 547, at 176 (1960). Applying this rule to the case before us, the issue becomes whether private disability benefits are of the same kind, class, or nature as payments made under "workers' compensation, medical or disability benefits law or any similar law" so the terms can be grouped and considered together.
Insurers may include in their contracts "terms, exclusions, limitations, conditions, and offsets to avoid duplication of insurance or other benefits." Iowa Code § 516A.2. However, the insurance contract must contain any limitations or exclusionary clauses in clear and explicit language. See Prudential Ins. Co. of Am. v. Martinson, 589 N.W.2d 64, 65 (Iowa 1999) (citations omitted); see also Leuchtenmacher v. Farm Bureau Mut. Ins. Co., 461 N.W.2d 291, 294 (Iowa 1990) (exceptions and conditions in insurance policies will be enforced only if the language is clear and unambiguous). Provisos not included in the insurance contract will not be enforced. 3 Widiss § 41.7, at 431.
In the case before us, the language of the policy provision does not clearly and unambiguously provide UIM benefits will be reduced by the amount of private disability benefits received by the insured from his or her employer. The insurance contract states Globe's limit of liability payable for UIM coverage will be reduced by "amounts paid or payable under any workers' compensation, medical or disability benefits law or any similar law." It clearly does not count private disability benefits as a reduction.
In conclusion, we find Globe is not expressly authorized or permitted to offset the private benefits Shatzer received from his employer. The offset provision is inapplicable as to the private disability benefits received by Shatzer. Since we find there is no genuine issue of material fact, we conclude the district court properly denied Globe's motion for partial summary judgment.
We affirm on the cross-appeal, reverse on the appeal, and remand for the entry of judgment without said reduction.
Costs taxed against appellee.
REVERSED ON APPEAL, AFFIRMED ON CROSS-APPEAL, AND REMANDED.
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