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Shelter Mutual Insurance Company v. Barton9/7/2001
s, Byrn. See Hogan, 730 So. 2d at 1160 n.3 (Lyons, J., dissenting). Consequently, Barton's claim for UM coverage against Shelter Mutual arising from Walters's immunity under the Alabama guest statute should fail on the authority of Byrn.
The main opinion distinguishes Hogan on the basis that that case allows a passenger to recover only against his own UM carrier. As previously noted, I do not consider Hogan applicable in this case. Even if it were, however, I am not persuaded that this distinction is valid. Barton, as a passenger, was an insured under Walters's UM coverage and, if Hogan is good law and if it applies, Walters's status as a driver who escapes liability by reason of the guest statute makes him an uninsured motorist. I agree with the conclusion reached in the main opinion that " o allow Barton to recover under a policy that Walters, the driver, had purchased and paid for would controvert the purpose and tenor of the Alabama Guest Statute." However, I share that view only because I consider Hogan contrary to the purpose and tenor of the Alabama Guest Statute. In any event, I concur in the result reached by the main opinion because, regardless of how one gets there, Barton does not have a claim against Shelter Mutual related to Walters's alleged negligence and, therefore, no judgment in her favor on a bad-faith claim based on such a negligence claim can stand.
IV.
I concur only with the main opinion's reversal of the trial court's judgment on the breach-of-contract claim.
Harwood, J., concurs.
JOHNSTONE, Justice (concurring in the result).
I concur in the result. On remand, Barton, as an insured under Walters's Shelter policy, may proceed on the contract against Shelter for uninsured-motorist-coverage benefits on the theory that negligence by the uninsured motorist Vaden proximately caused Barton's injuries and losses. To recover, she need prove only that negligence by Vaden caused Barton injuries or losses covered by the Shelter policy. Walters's negligence, if any, will not be imputable against Barton. If the jury finds that negligence by Vaden proximately caused injury or loss to Barton, the jury should award her whatever of those injuries and losses Missouri law recognizes to be recoverable as benefits under the terms of the uninsured- motorist coverage of the Shelter policy.
WOODALL, Justice (concurring in the result).
I concur in the result. It is for a jury to determine whether Barton is legally entitled to recover damages for bodily injury from Vaden, the operator of the uninsured motor vehicle. A bona fide dispute concerning Vaden's liability precludes any recovery for bad-faith refusal to pay an insurance claim.
The vehicle operated by Walters was, of course, insured by Shelter. Therefore, Walter's vehicle does not fall within the policy's definition of "uninsured motor vehicle" in the Shelter policy. For that reason, Barton cannot recover uninsured-motorist benefits based upon a theory that Walters was negligent.
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