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Shaw v. Allstate Insurance Co.8/30/2005
oup determined to drive to the mountains near Havre in a vehicle operated by Chris Brown (Brown). Etchison believed that he was the most sober of the group and therefore, initially drove the vehicle. However, within a short time, Etchison's driving became erratic, frightening Watson, who asked Brown to instruct Etchison to pull over the vehicle. Watson then requested Brown's permission to drive the vehicle, as she considered herself the most sober. She then proceeded to drive. Watson drove a short distance when Brown yelled "watch out!" and jerked the steering wheel to avoid hitting a deer, causing Watson to lose control of the vehicle, which rolled over, injuring Etchison and the other occupants. Watson claimed that she never saw the deer nor heard Brown yell, but acknowledged that "the radio was loud" and she was "under the influence of drugs and alcohol."
Etchison and Scott Shaw (Shaw), another passenger in the vehicle, filed suit against Watson in the Twelfth Judicial District Court, Hill County, for damages they had sustained. Etchison and Shaw's medical expenses totaled approximately $17,074.16 and $6,810.31, respectively. Watson was represented by counsel for Mid-Century Insurance Company (Mid-Century), which provided coverage on Brown's vehicle. Brown's policy limited coverage on personal injury claims to $25,000 per person and $50,000 per occurrence. Mid-Century agreed to pay out its policy's limits if the parties agreed to a division of the proceeds, which was accomplished. From this, Etchison received $22,500 and Shaw received $17,500. Etchison and Shaw also filed claims with Allstate against Stellingwerf's policy, and with State Farm Insurance Company (State Farm), who insured Watson's grandparents, Gordon and Edna Teske (Teske), with whom Watson had periodically lived. Etchison and Shaw claimed that Watson was insured as a "resident" under each policy. Allstate and State Farm both denied liability and refused to defend Watson against the claims.
Following the refusal of Allstate and State Farm to defend the action, Watson confessed judgment to Etchison and Shaw in consideration of their respective covenants not to execute against her, with Watson confessing judgment to Etchison in the amount of $55,000, and to Shaw in the amount of $45,000, and assigned to them her claims to coverage against Allstate and State Farm. The District Court approved Watson's confession of judgment, and issued judgments in favor of Etchison and Shaw.
Etchison and Shaw then demanded that Allstate and State Farm satisfy the judgments. State Farm initially denied coverage, but ultimately settled with Etchison and Shaw. However, Allstate rejected the claims, asserting that Watson was not a resident operator and, therefore, not insured under its policy.
Etchison and Shaw then filed a complaint in the Eighth Judicial District Court against Allstate, pursuant to Watson's confession of judgment, and sought a declaratory judgment establishing coverage. Allstate replied by requesting summary judgment, asserting that Watson was not a resident operator under Stellingwerf's policy, as she was not identified as a driver to be insured for coverage, and secondly, even if determined to be a resident of Stellingwerf's household at the time the policy was procured, Watson was not residing with her mother at the time of the accident. Additionally, Allstate argued that Etchison and Shaw were judicially estopped from asserting liability against Stellingwerf's policy, as they had previously asserted liability against the Teskes' policy based on Watson's status as a resident thereunder.
On March 8, 2004, the District Court granted Allstate's motion for summary judgment, determining
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