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Reese v. United States Fire Insurance Co.6/30/2005
Appellant United States Fire Insurance Company ("USF") appeals from a judgment in the Circuit Court of Jackson County, which awarded Respondents Joyce Reese, Teresa Reese, and April Reese-Imbrogno ("the Reeses") an equitable garnishment of $1,000,000 against USF pursuant to section 379.200 as a result of judgments against KCR International Truck, Inc., and Charles Mizer for the wrongful death of Gerald Reese. USF argues three points on appeal. In Point I, USF argues the trial court erred in denying USF's motion to set aside the December 31, 2002 judgment and to quash the Reeses' equitable garnishment action against USF, because the trial court lacked subject matter jurisdiction, in that the Reeses previously obtained satisfaction of their damages resulting from their decedent's wrongful death, and as a result, the July 23, 2001 judgment against Charles Mizer, for which the Reeses seek equitable garnishment, is null and void. In Point II, USF argues the trial court erred in entering judgment in favor of the Reeses and against USF, because coverage for Charles Mizer under the liability insurance policy was precluded, in that Mizer was a fellow employee of Gerald Reese and the policy includes an unambiguous "fellow employee" exclusion, such that parol evidence should not be considered. In Point III, USF argues the trial court erred in denying USF's motion to set aside the December 31, 2002 judgment and to quash the Reeses' equitable garnishment action against USF, because the trial court lacked subject matter jurisdiction, in that the Reeses' allegations against Charles Mizer failed to meet the "something extra" required to take a tort action outside the purview of Workers' Compensation Law, and as a result, the July 23, 2001 judgment, for which the Reeses seek equitable garnishment, is null and void. For the reasons set forth below, the judgment of the trial court is affirmed.
Background
Gerald Reese was killed in an accident on March 17, 1995, when a load of rock from a dump truck was dumped onto him while he was working for Barber & Sons quarry. Charles Mizer ("Mizer") was driving the dump truck at the time of Gerald Reese's death. Gerald Reese was the husband of Joyce Reese and the father of Teresa Reese and April Reese-Imbrogno. When the fatal accident occurred, Mizer was driving a dump truck that was owned by Barber & Sons.
At the time of Gerald Reese's death, Barber & Sons carried a Business Auto Insurance policy with USF. The insurance policy provided, in relevant part:
A. COVERAGE
We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto."
1. WHO IS AN INSURED
The following are "insureds":
a. You for any covered "auto."
b. Anyone else while using with your permission a covered "auto" you own, hire or borrow
B. EXCLUSIONS
This insurance does not apply to any of the following:
3. WORKERS' COMPENSATION
Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation , disability benefits or unemployment compensation law or any similar law.
4. EMPLOYEE INDEMNIFICATION AND EMPLOYER'S LIABILITY
"Bodily Injury" to:
a. An employee of the "insured" arising out of and in the course of employment by the "insured"; or
b. The spouse, child, parent, brother or sister of that employee as a consequence of paragraph a. above.
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