 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Shaw v. Allstate Insurance Co.8/30/2005
Submitted on Briefs: November 18, 2004
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document with the Clerk of the Supreme Court and shall be reported by case title, Supreme Court cause number and result to the State Reporter Publishing Company and to West Group in the quarterly table of noncitable cases issued by this Court.
Kyle Etchison (Etchison) appeals from the order entered by the Eighth Judicial District Court, Cascade County, granting summary judgment to Allstate Insurance Company (Allstate) and denying Etchison's request for declaratory relief seeking coverage under an Allstate policy issued to Vicki Watson Stellingwerf (Stellingwerf). We affirm.
Did the District Court err in granting summary judgment in favor of Allstate on Etchinson's claim for coverage under Stellingwerf's policy?
FACTUAL AND PROCEDURAL BACKGROUND
The District Court's order granting summary judgment to Allstate determined that Mindy Watson (Watson) was not an insured operator under the policy Allstate had issued to Stellingwerf, her mother. Etchison asserts that he is entitled to coverage under that policy for injuries he sustained in an accident on September 16, 1998, while a passenger in a "non-owned vehicle," that is, a vehicle not owned by Stellingwerf, but operated by Watson.
In July 1998, Stellingwerf applied for automobile insurance on her 1983 Chevy Camaro through an Allstate agent in Havre, Montana. According to her affidavit, Stellingwerf was required by the application to identify "all driving members of my household and to provide information on anyone who was to be an operator of my vehicle, including information [regarding] their names, when they were licensed, driver license numbers, social security numbers and in which states they were licensed." She identified only herself, and "stated that I would be the only person to be insured under the policy." Stellingwerf did not advise Allstate, either at the time the policy was procured, or at any time prior to the subject accident, that Watson was a resident of her household or that she desired coverage for Watson.
Tim Fuerstenau, employed as a "Frontline Process Expert" by Allstate, submitted an affidavit indicating that " he premiums which Allstate charges an insured are directly affected by the number and type of resident operators claimed under the Allstate auto policy. If an operator is added to an Allstate automobile insurance policy, Allstate will charge an increased premium to cover the additional risk associated with the additional operator." On the basis of the information provided by Stellingwerf, Allstate determined the premium and issued the policy to her.
On July 6, 1998, about the same time that Stellingwerf sought coverage, Watson turned eighteen years of age. She was not licensed to drive. Pursuant to a previous dissolution decree, custody of Watson had been placed with Stellingwerf, but Watson had lived elsewhere for substantial periods of time leading up to her eighteenth birthday, and, likewise, lived elsewhere thereafter. Conflicting evidence about Watson's place of residence was submitted in the proceeding. At the time of the accident, Watson was not staying at Stellingwerf's home, but had personal items there and returned there immediately after the accident. She was still not licensed to drive at the time of the accident.
On September 16, 1998, Watson, Etchison, and several of their friends spent the day drinking alcohol, smoking pot, and using cocaine. Becoming bored with this, the gr
Page 1 2 3 4 Montana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|