 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
GRE Insurance Group v. Green5/18/1999
87.
The policy at issue in Shutt used the terms "accident" and "occurrence" interchangeably, see id. at 89, and defined them as "a sudden event, including continuous or repeated exposure to the same conditions, resulting in bodily injury or property damage neither expected nor intended by the insured person," id. at 87. The court determined that the definition of "occurrence" used in the Shutts' policy "is substantially different from the definition" in Helme. See id. at 88. Thus, the court concluded that there was a single event, the accident, that triggered liability, and therefore only one occurrence existed for which the injured party could recover. See id. at 89.
In Helmick v. Jones, Jones was test-driving a vehicle owned by Smith Ford when it struck Helmick. 452 S.E.2d 408, 409 (W. Va. 1994). Helmick sued Jones for negligence and Smith Ford for negligent entrustment. See id. at 410. The insurer paid the per accident limit of the liability coverage for covered autos for Jones's negligence, but Helmick sought additional recovery for negligent entrustment under the "other than covered autos" language of the policy. See id. The court held that Helmick was not entitled to additional recovery under the policy because the liability limits were per accident, not per act of negligence. See id. at 411.
Finally, we note that courts should enforce an insurance contract as written so that the insurer is required to pay damages as provided for in the policy. See Harbor Ins. Co. v. United Services Auto. Ass'n, 114 Ariz. 58, 61, 559 P.2d 178, 181 (App. 1976). The GRE policy issued to Schurz clearly provides for only one payment of $15,000 to Green, and nothing in A.R.S. ยง 28-1170(B)(2) prevents that result.
CONCLUSION
The trial court erroneously granted summary judgment in favor of the Greens. As a matter of law, GRE is entitled to judgment declaring that it is obligated to pay only $15,000 to the Greens, which GRE has previously paid. We therefore reverse the judgment entered in favor of the Greens and remand for entry of judgment in favor of GRE.
JON W. THOMPSON, Presiding Judge
CONCURRING:
JEFFERSON L. LANKFORD, Judge
E. G. NOYES, JR., Judge
|