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Hoffman v. Yellow Cab Company of Louisville9/27/2001
The issue presented by this case is whether a self-insured owner of a motor vehicle is required to pay uninsured motorist (UM) benefits to an occupant of the self-insured vehicle injured by the negligence of an uninsured motorist. The Jefferson Circuit Court held that the self-insurer was liable to the occupant for UM benefits. The Court of Appeals reversed. We granted discretionary review and now affirm the Court of Appeals.
Appellant Warren L. Hoffman leased a taxicab from Yellow Cab Company of Louisville. The lease agreement is not in the record and it is unknown if it contained any provision with respect to insurance; thus, we assume it did not. Hoffman testified he paid Yellow Cab $81.00 per day, plus the cost of gasoline, to lease the vehicle, and that he retained all income generated by his use of the vehicle. The vehicle was self-insured by Yellow Cab up to $60,000.00 for "public liability, property damage and cargo claims and losses." In addition, Yellow Cab had procured an excess fleet insurance policy from Paratransit Risk Retention Group of Maryland, Inc., that provided coverage for liability claims in excess of $50,000.00. Yellow Cab, through its appropriate officer, had executed and filed a written rejection of uninsured motorist (UM) coverage offered under the Paratransit policy. KRS 304.20-020(1). Hoffman had no personal liability insurance and had executed and filed a written rejection of his right to "no-fault benefits." KRS 304.39-060(4), (5).
On June 4, 1994, Hoffman was injured and the taxicab damaged in a collision with an uninsured motorist. Yellow Cab filed suit against the uninsured motorist to recover for the property damage to its vehicle. Hoffman filed an intervening complaint against Yellow Cab to recover personal injury damages under the UM statute, KRS 304.20-020(1). The uninsured motorist proved to be insolvent. The trial judge granted Hoffman a summary judgment on his UM claim against Yellow Cab and submitted the issue of damages to a jury. Pursuant to the jury's verdict, Hoffman was awarded judgment against Yellow Cab in the sum of $16,975.63.
Hoffman's theory is that UM coverage is mandated by statute, ergo, a self-insured is liable for that coverage the same as if it had procured a liability insurance policy. Our UM statute, KRS 304.20-020(1), provides:
No automobile liability or motor vehicle liability policy of insurance insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance or use of a motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto, in limits for bodily injury or death set forth in KRS 304.39-110 under provisions approved by the commissioner, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom; provided that the named insured shall have the right to reject in writing such coverage; and provided further that, unless the named insured requests such coverage in writing, such coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to him by the same insurer. (Emphasis added.)
Thus, by its terms, the statute applies only to policies of liability insurance ... delivered or issued for delivery in this state ... unless the named insured has rejected UM coverage in writing. The only
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