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Hollis v. Doerflinger6/3/2003
This case arises from tragic circumstances. On July 5, 1999, Rhonda B. Hollis ("Mother") was pregnant with an unborn, yet viable, fetus, Raven Blair Hollis ("Raven"). While Mother was driving, her car was involved in an accident. It is undisputed that Mother was at fault in the accident. As a result of the accident, both Mother and Raven perished.
At the time of the fatal accident, Mother and her husband, John M. Hollis ("Father"), were both covered under an automobile insurance policy issued by Ohio Farmers Insurance Company/Westfield Insurance Company ("Westfield"). The insurance policy provided coverage for bodily injury and property damage for which the Hollises became legally responsible. The policy, however, contained a provision that excluded coverage for "bodily injury to anyone related to that insured by blood, marriage or adoption who is a resident of the same household." (Emphasis omitted). Thus, if Mother were legally responsible for the bodily injury of a person to whom she was related by blood, marriage, or adoption, and if the injured person was also a resident of Mother's household, Westfield was not obligated to provide coverage.
On October 30, 2000, Father filed a wrongful death action, individually and on behalf of Raven, against Mother's estate and Westfield. Father sought $600,000 in damages from Mother's estate, and asked the trial court issue a declaratory judgment that the claims against Mother's estate were covered by the Westfield policy. Westfield asserted that Raven was a resident of Mother's household, and therefore was excluded from coverage.
Father then moved for partial summary judgment on the request for declaratory judgment. He asserted that the policy failed to define "resident," and that it was unclear whether an unborn child would be a resident of Mother's household. Therefore, he claimed, the policy was ambiguous and should be interpreted in Father's favor. In response, Westfield filed a cross-motion for summary judgment. Westfield maintained that the policy was not ambiguous, and that the only reasonable interpretation would be that the child resided with the Mother, and therefore was a resident of the same household. The trial judge found that the phrase "resident of the same household" was ambiguous as to how it applied to a viable, unborn child. It construed the phrase in the manner most favorable to the insured, Father, and found coverage under the policy. Consequently, Father's motion for summary judgment was granted and Westfield's cross-motion for summary judgment was denied.
Following a jury trial, Father was awarded a judgment of $100,000 against Mother's estate for the pecuniary value of Raven's life. Father then moved for an award of prejudgment interest. The trial court awarded Father prejudgment interest in the amount of $23,068.80. Including discretionary costs, the amount awarded to Father totaled $128,629. From this order, Westfield and Mother's estate appeal.
On appeal, Westfield asserts that the trial court erred in granting Father's motion for partial summary judgment and in denying its cross-motion for summary judgment. The administrator ad litem of Mother's estate ("Administrator") argues that the trial court erred in awarding Father prejudgment interest.
A motion for summary judgment should be granted when the movant demonstrates that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. Tenn. R. Civ. P. 56.04. Summary judgment is only appropriate when the facts and the legal conclusions drawn from the facts reasonably permit only one conclusion. Carvell v. Bottoms, 900 S.W.2d 23, 26 (Tenn. 1995). Since only
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