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Haulers Insurance Co.9/2/2005
Opinion Vote: AFFIRMED.
Prewitt and Rahmeyer, JJ., concur.
Opinion:
Haulers Insurance Company ("Haulers") filed a declaratory judgment suit against Rhonda Meyer ("Appellant") and others to determine the applicable liability limits under an "Amended Garage Coverage Form" insurance policy ("the policy") issued by it. On this appeal, Appellant contests the entry of a summary judgment in favor of Haulers. We affirm.
This case involves the issue of the amount of insurance coverage for injuries sustained in an automobile accident involving Appellant, Christopher Meyer ("Mr. Meyer"), and Rodger Wyatt, Jr. ("Wyatt"). Wyatt was driving a vehicle owned by Wyatt's Auto Sales when it collided with a motorcycle operated by Mr. Meyer and on which Appellant was a passenger, causing injuries to both of them. Appellant filed a personal injury suit against Wyatt, individually, and Jerry Wyatt and Rodger P. Wyatt, Sr., d/b/a Wyatt's Auto Sales ("Wyatt's Auto Sales"). Haulers had issued the policy to Wyatt's Auto Sales which included automobile liability insurance coverage on the vehicle driven by Wyatt.
The policy contains the following on the Amended Garage Coverage Form Declarations page:
ITEM TWO
SCHEDULE OF COVERAGES AND COVERED AUTOS
This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Garage Coverage Form next to the name of the coverage. Entry of a symbol next to the LIABILITY provides coverage for "garage operations."
COVERAGESCOVERED AUTOS
(Entry of one or more of the symbols from the COVERED AUTOS Section of the Garage Coverage Form shows which autos are covered autos.)
LIMIT THE MOST WE WILL PAY FOR ANY ONE ACCIDENT OR LOSSPREMIUM LIABILITY22 27$500,000 PER ACCIDENT $1,500,000 Other than auto only AGGREGATE1,166.00
Under the Covered Autos section of the policy, the number "22" is the symbol for "Owned 'Autos' Only" and the number "27" is the symbol for "Specifically Described 'Autos.'" The fact that the vehicle driven by Wyatt at the time of the collision in question was a "covered - auto" is not disputed.
The policy described liability for "'Garage Operations' - Covered 'Autos'" as:
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 "garage operations" involving the ownership, maintenance or use of covered "autos"
. . . Our duty to defend or settle ends when the Liability Coverage Limit of Insurance - "Garage Operations" - Covered "Autos" has been exhausted by payment of judgments or settlements. The policy also contains provisions concerning the limits of the insurance coverages. A section under "Limit of Insurance" is titled "'Garage Operations' - Covered 'Autos'" and provides:
For "accidents" resulting from "garage operations" involving the ownership, maintenance or use of covered "autos", the following applies:
Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one "accident" involving a covered "auto" is the Each "Accident" Limit of Insurance - "Garage Operations" - Covered "Autos" for Liability
Page 1 2 3 4 Missouri Personal Injury Attorneys
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