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KIBBEE v. STATE FARM FIRE AND CAS. CO.12/21/1994
term "personal injury" in two ways. It lists specific types of damages that are personal injury such as "bodily harm" and "mental anguish." It also lists specific torts — such as "false arrest," "slander" and "assault and battery" — that qualify as personal injury.
Kibbee asserts that the language "malicious prosecution and humiliation" can be reasonably interpreted to mean "malicious humiliation." He also argues that the term "malicious humiliation" encompasses the tort of intentional infliction of emotional distress. State Farm contends that "malicious prosecution" and "humiliation" are included in the definition of personal injury , but not "malicious humiliation." Kibbee responds that at a minimum the policy is ambiguous on this point and therefore should be interpreted favorably to the insured.
In considering the proper meaning of the personal injury definition, we apply well-known principles of law. The intent of the parties controls. Hofco, Inc. v. National Union Fire Ins. Co., 482 N.W.2d 397, 401 (Iowa 1992). We determine the parties' intent from the language of the policy, unless the policy is ambiguous. Id. Ambiguity exists when, after application of principles of contract interpretation, a genuine uncertainty remains as to which one of two or more meanings is the proper one. A.Y. McDonald Indus., Inc. v. Insurance Co. of N. Am., 475 N.W.2d 607, 618 (Iowa 1991). A mere disagreement between the parties as to the meaning of policy language does not establish an ambiguity. Motor Club of Iowa Ins. Co. v. Iowa Mut. Ins. Co., 508 N.W.2d 634, 636 (Iowa 1993). Only when the policy language is susceptible to two reasonable interpretations do we find an ambiguity. Youngwirth v. State Farm Mut. Auto. Ins. Co., 258 Iowa 974, 979, 140 N.W.2d 881, 884 (1966).
Thus, our first task is to decide whether Kibbee's proposed meaning of the language "malicious prosecution and humiliation" is reasonable under our principles of insurance contract interpretation. We give words their ordinary meaning "to achieve a practical and fair interpretation." Central Bearings Co. v. Wolverine Ins. Co., 179 N.W.2d 443, 445 (Iowa 1970). We do not indulge in a strained or unnatural interpretation of policy language [525 NW2d Page 869]
merely to find ambiguity. Hein v. American Family Mut. Ins. Co., 166 N.W.2d 363, 366 (Iowa 1969). We conclude upon our review of the policy that the meaning advanced by Kibbee is strained and unnatural.
In interpreting statutes, we figure out the meaning of words in part by reference to associated language. Wright v. State Bd. of Eng'g Examiners, 250 N.W.2d 412, 413 (Iowa 1977); State v. Bauer, 236 Iowa 1020, 1022, 20 N.W.2d 431, 432 (1945); 2A Norman J. Singer, Sutherland Statutory Construction §§ 47.16, 47.26 (5th ed. 1992). We apply similar principles in interpreting this insurance contract. 13 John A. Appleman & Jean Appleman, Insurance Law & Practice § 7383, at 45 (rev. ed. 1976) (meaning of words may be explained by reference to associated words and phrases); 4 Samuel Williston, A Treatise on the Law of Contracts § 600, at 285 (Walter H.E. Jaeger ed., 3d ed. 1961); see Cairns v. Grinnell Mut. Reinsurance Co., 398 N.W.2d 821, 825 (Iowa 1987) (applying principles of statutory construction in interpretation of insurance policy). Applying these principles we find that interpreting the word "malicious" as modifying "humiliation" is inconsistent with the structure of the paragraph in which this language is found.
Paragraph (b) reads "false arrest, false imprisonment, wrongful eviction, wrongful detention, malicious prosecution and humiliation." (Emphasis added.) If the parties had intended to include "malicious humiliation" as a de
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