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Regal Insurance Co. v. Bott8/10/2001
t mean mandatory payment of all possible benefits.
The statute clearly contemplates separate compensatory benefits for those injured yet still alive, and the heirs and estates of decedents killed instantly in an automobile accident. The language and scheme of the statute provide that the heirs and estates of those instantly killed in automobile accidents are limited, for purposes of PIP benefits, to the funerary and survivor benefits under section 31A-22-307(1)(c) and (d), plus any actually incurred medical expenses pursuant to part (a). Further, the statute specifically identifies part (d) as "compensation on account of death . . . payable to his heirs." We presume the legislature uses each term advisedly and according to its ordinary meaning. West Jordan v. Morrison, 656 P.2d 445, 446 (Utah 1982). Clearly, part (b) contemplates compensation for disability, not death. Had the legislature contemplated further compensation to the heirs or the estate of the covered decedent from PIP benefits, it could have included language to that effect in the statute. However, it did not designate further payment to the heirs or estate, and as a result there are no PIP benefits for lost income or household expenses payable to Jesse Bott's heirs or estate.
The district court was correct in interpreting the language of section 31A-22-307 to limit PIP benefits payable to the heirs and estate of a person otherwise covered by PIP benefits but killed instantly in an accident to exclude lost income and household services.
II. POLICY BENEFITS
As an alternative argument, defendants contend that even if Regal is not required by statute to provide lost income and household services benefits, the insurance policy requires Regal to do so. Defendants argue that the terms concerning work loss benefits in Regal's insurance policy are ambiguous, and when interpreted in favor of the insured, require Regal to pay benefits for lost wages. They also argue that the policy unambiguously requires payment for lost household services. Regal counters that the question of policy language was not presented to the district court, and is raised for the first time on appeal.
We have carefully reviewed the record. Although the policy provisions were mentioned below, the suggestion of deciding the case based on an interpretation of the policy, as opposed to the statute, was never presented to nor acted upon by the district court. As a result, we will not consider the matter further on appeal. See Stewart v. Utah Pub. Serv. Comm'n, 885 P.2d 759, 781 (Utah 1994) ("The general rule is that an issue may not be presented to an appellate court that was not first presented to a lower tribunal.").
CONCLUSION
The district court was correct. Section 31A-22-307 does not require payment of lost income or cost of household services benefits to the estate or heirs of a covered person instantly killed in an automobile accident.
Affirmed.
Chief Justice Howe, Associate Chief Justice Russon, Justice Durham, and Justice Durrant concur in Justice Wilkins' opinion.
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