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Herron v. Schutz Foss Architects3/25/1997
Submitted on Briefs October 24, 1996.
This is an action for declaratory judgment on issues concerning the limits of liability coverage available under a claims-made insurance policy. The District Court for the Twelfth Judicial District, Liberty County, entered Summary Judgment in favor of the insurer, Continental Casualty Company (Continental), and against the plaintiffs, David and Vivienne Herron (the Herrons). The Herrons appeal. We affirm.
We address the following issues on appeal:
1. Did the District Court err in granting Continental's Motion for Summary Judgment on the issue of which policy applies to the Herrons' claims?
2. Did the District Court err in granting Continental's Motion for Summary Judgment on the issue of the general limits of liability applicable to the Herrons' claims?
3. Did the District Court err in granting Continental's Motion for Summary Judgment on the issue of the specific limits of liability applicable to the Herrons' claims?
Factual and Procedural Background
During 1990 and 1991, Jerry Schutz and Schutz-Foss Architects (Schutz) designed an addition to and were remodeling the Liberty County Hospital and Nursing Home (the Hospital) in Chester, Montana. David Herron was the maintenance supervisor at the Hospital. On October 30, 1991, Herron was performing a maintenance check on the roof of the Hospital when he slipped on some ice and fell, injuring himself.
On January 22, 1992, Herron wrote Schutz to express his concerns about the unsafe method required to access the roof. In a list of complaints about the building, Herron referenced his fall, stating that "I have discovered this unsafe condition myself having slipped off this area, injuring my back." In his letter, Herron made no demand for money or otherwise indicate that he intended to hold Schutz responsible for his damages, nor did he request that Schutz contact his insurance carrier.
On July 12, 1993, Herron's attorney, Channing Hartelius (Hartelius), wrote a letter to Schutz stating that his office represented Herron as to the October 30, 1991 accident. Hartelius requested that Schutz contact his malpractice insurance carrier and ask them to contact Hartelius' office immediately to discuss "this claim."
Mary Schutz forwarded Hartelius' letter to Baker Insurance (Baker), their local claims adjuster, on July 14, 1993. Baker completed a General Liability Notice of Occurrence/Claim form that same day. The form indicated that no claim had been made prior to Hartelius' letter. The form also indicated that the policy governing Herron's claim was the policy in effect from March 1, 1993, to March 1, 1994. The form listed the "Date/Time of Occurrence" as July 12, 1993, the same date noted as the "Date of Claim."
Baker subsequently forwarded the claim to Cindy Michel (Michel), Professional Liability Claim Specialist, at Continental. Continental had insured the architectural firm for professional liability since March 1, 1986. The policy also covered Jerry Schutz, individually, to the extent he acted as an agent of the firm. The policy issued to the firm was renewed on an annual basis, with the policy period running from March 1st of each year to March 1st of the following year.
Until the 1994-1995 policy year, the policy carried liability limits of $100,000. These were aggregate limits applicable to all claims made during the policy year. In other words, there was only $100,000 available to satisfy all claims made during a policy year, not $100,000 for each separate claim. Beginning with the 1994-1995 policy year, Schutz purchased increased coverage, upping th
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