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Thompson v. Schlechter8/22/2000
Appeal From: Circuit Court of St. Louis County, Hon. David Lee Vincent III
Opinion Vote: AFFIRMED IN PART AND REVERSED IN PART.
Simon and J. Dowd, JJ., concur.
Opinion:
Appellants, Jack Thompson and Tammy Thompson, ("appellants"), appeal from the judgment of the Circuit Court of St. Louis County, granting motions for summary judgment in favor of respondents, Shelter Mutual Insurance Company, ("Shelter"), and Liberty Mutual Insurance Company, ("Liberty"). We affirm in part and reverse in part.
Appellant, Jack Thompson, ("Thompson"), was involved in a motor vehicle accident that occurred on March 23, 1992. Thompson was driving a truck owned by his employer, Hill-Behan Lumber Company, ("Hill-Behan"), when he was rear-ended by another Hill-Behan truck driver, James Schlechter, ("Schlechter"). Thompson sustained serious and permanent injuries. Thompson and Schlechter were acting within the course and scope of their employment with Hill-Behan.
Both Hill-Behan's trucks, driven by Thompson and Schlechter, were insured by Liberty. Thompson submitted a claim to Liberty for his personal injuries. Liberty denied the claim based upon the fellow employee exclusion that was part of the policy it issued to Hill-Behan. Furthermore, in a letter dated November 17, 1994, from Liberty to Schlechter, Liberty wrote:
We have reviewed Hill Behan's Business Auto Liability policy no. AS2-141-085570-042 with effective dates 1/1/92 through 1/1/93, to determine whether coverage for you exists. We have determined there is no coverage.
I recommend you put your personal Auto Liability carrier on notice of this accident at your earliest convenience.
At the time of the collision, Schlechter maintained a personal automobile insurance policy with State Farm Insurance Company, ("State Farm"). State Farm denied coverage claiming that the vehicle driven by Schlechter did not "qualify as a temporary substitute, non-owned or newly acquired auto as defined in the policy."
Furthermore, Liberty provided uninsured motorist coverage on the truck driven by Thompson. The relevant section provides:
We will pay all sums the insured is legally entitled to recover as compensatory damages from the owner or driver of an uninsured motor vehicle. The damages must result from bodily injury sustained by the insured caused by an accident. The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the uninsured motor vehicle.
The policy excludes: " he direct or indirect benefit of any insurer or self-insurer under any workers' compensation, disability benefits or similar law." The policy defines an uninsured motor vehicle as a land motor vehicle or trailer " or which an insuring or bonding company denies coverage or is or becomes insolvent."
Appellants also had a policy of automobile insurance issued by Shelter, covering their 1994 Chevrolet Corsica and 1997 Dodge Ram 1500, which provided uninsured motorist coverage. The relevant section provides:
We will pay damages for bodily injury which an insured or the insured's legal representative is legally entitled to recover from the owner or operator of an uninsured motor vehicle. The bodily injury must be caused by accident and arise out of the ownership, maintenance or use of the uninsured motor vehicle.
The policy further defined uninsured motor vehicle as "a motor vehicle not insured by a bodily injury liability bond or insurance policy applicable at the time of the accident, or if there is such, the company writing it denies coverage." The coverage does not apply " o t
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