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Lucky v. Equity Mutual Ins. Co.

Supreme Court of Arkansas
Jun 28, 1976
537 S.W.2d 160 (Ark. 1976)

Summary

In Lucky, the UM statute at issue provided that "[n]o automobile liability insurance... shall be delivered or issued for delivery... unless [UM] coverage is provided."

Summary of this case from Warford v. State Farm Mut. Ins. Co.

Opinion

No. 76-7.

Opinion delivered June 1, 1976 [Rehearing denied June 28, 1976.]

1. INSURANCE — UNINSURED MOTORIST COVERAGE — NON-PREMIUM ENDORSEMENT, EFFECT OF. — A non-premium endorsement showing that the original policy had been extended to cover a vehicle that was substituted for the vehicle covered by the original policy held to fall within the meaning of the uninsured motorist statute whereby rejection of uninsured motorist coverage in I 966 was not extended to the substituted vehicle. 2. INSURANCE — UNINSURED MOTORIST STATUTE — RULE OF CONSTRUCTION. — The interpretation of the uninsured motorist statute follows the statutory construction rule that where the enacting clause of a statute is general in its language and purpose, a proviso subsequently following should be construed strictly so as to exempt no cases from the enacting clause which do not fairly fall within its terms. 3. INSURANCE — UNINSURED MOTORIST STATUTE — CONSTRUCTION. The uninsured motorist statute is a public policy statute that expects uninsured motorist coverage to be issued or rejected any time automobile liability insurance is delivered or issued for delivery in this state. 4. COURTS — DECISION IN FORMER CASE — REVIEW. — The Supreme Court declined to overrule its holding in Holcomb wherein construction given to the uninsured motorist statute became a part of the law. COURTS DECISION IN FORMER CASE — REVIEW. -. Reconsideration can not be applied retroactively to a case which has become a part of the law and involves a matter of contract.

Appeal from Union Circuit Court, Second Division, Melvin Mayfield, Judge; reversed and remanded.

Spencer Spencer, for appellant.

Shackleford, Shackleford Phillips, for appellee.


Involved on this appeal is whether a renewal certificate of automobile liability insurance or an endorsement covering a substitute vehicle constitutes insurance "delivered or issued for delivery" within the meaning of the Uninsured Motorist Statute, Ark. Stat. Ann. 66-4003 (Repl. 1966). The trial court held that a written rejection of uninsured motorist insurance by appellant Benjamin Cole Lucky on January 5, 1966, was an effective rejection through the 16th six months renewal of the policy on January 5, 1973, and awarded summary judgment to appellee Equity Mutual Insurance Co.

The record shows that prior to January 5, 1966, appellant carried uninsured motorist insurance on his 1960 Ford pickup. On that date he signed a rejection of uninsured motorist insurance and was issued automobile liability insurance by appellee, Policy No. AF 701684, for the period "from 1-5-66 to 7-5-66 12:01 A.M." Thereafter, appellee issued a renewal certificate every six months which would extend appellant's coverage upon the payment of the premium for an additional six month period. Each renewal certificate identified the automobile liability insurance as being Policy No. AF 701684. Effective October 1, 1971, appellee issued a non-premium endorsement showing that Policy No. AF 701684 had been extended to cover a 1964 Ford pickup that was substituted for the 1960 Ford pickup in the original policy. On July 3, 1973, appellant received injuries in an automobile collision with an uninsured motorist. When appellant brought this action under the uninsured motorist provision of his wife's policy and his own policy, the appellee countered with a motion for summary judgment, which the trial court granted because of the 1966 written rejection.

Our Uninsured Motorist Statute, Ark. Stat. Ann. 66-4003 (Repl. 1966) provides:

"No automobile liability insurance, covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be delivered or issued for delivery in this State with respect to any motor vehicle registered or principally garaged in this State unless coverage is provided therein or supplemental thereto, in not less than limits described in section 27 of Act 347 of 1953 75-1427], as amended, under provisions filed with and approved by the Insurance Commissioner, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom; provided, however, that the coverage required under this section shall not be applicable where any insured named in the policy shall reject the coverage.

The non-premium endorsement effective October 1, 1, falls literally within the meaning of the uninsured motorist statute, supra. That endorsement provided liability insurance coverage that had not previously existed on that vehicle "arising out of the ownership, maintenance or use with respect to any motor vehicle registered or principally garaged in this State." The automobile insured by that endorsement was, at the time owned by appellant, to be registered or principally garaged in this State, and by the terms of policy No. AF 701684, the existing liability insurance would not have applied to the 1964 model truck without insurance having been "delivered or issued for delivery in this State."

Our interpretation of the uninsured motorist statute here follows the statutory construction rule that where the enacting clause of a statute is general in its language and purpose, a proviso subsequently following should be construed strictly so as to exempt no cases from the enacting clause which do not fairly fall within its terms, McRea v. Holcomb, 46 Ark. 306 (1885). To accept the construction which appellee would have us place on the uninsured motorist statute would permit one rejection to be effective for any and every automobile that might be substituted by the insured for the original vehicle. Such a construction should not be placed upon a public policy statute that expects uninsured motorist coverage to be issued or rejected any time automobile liability insurance is "delivered or issued for delivery in this State."

Since the above disposes of the question of the validity of the 1966 written rejection and the trial court did not rule upon a rejection made subsequent to the effective date of Ark. Acts of 1969, No. 333, we do not and need not reach the issue of whether a renewal certificate constitutes liability insurance "delivered or issued for delivery" in this state. Furthermore, neither party has discussed the effect of Ark. Acts of 1969, No. 333 upon that issue.

Appellant suggests that we should overrule our holding in Holcomb v. Farmers Ins. Exchange, 254 Ark. 514, 495 S.W.2d 155 (1973). We find no merit in this contention. The construction there given to the uninsured motorist statute has become as much a part of the statute as the words of the General Assembly, Merchants' Transfer Warehouse Co. v. Gates; 180 Ark. 96, 21 S.W.2d 406 (1929). Furthermore, even if we should reconsider our holding in Holcomb, supra, the reconsideration could not be applied retroactively to appellant since it involves a matter of contract, Hare v. General Contract Purchase Corp., 220 Ark. 601, 249 S.W.2d 973 (1952).

Reversed and remanded.


Summaries of

Lucky v. Equity Mutual Ins. Co.

Supreme Court of Arkansas
Jun 28, 1976
537 S.W.2d 160 (Ark. 1976)

In Lucky, the UM statute at issue provided that "[n]o automobile liability insurance... shall be delivered or issued for delivery... unless [UM] coverage is provided."

Summary of this case from Warford v. State Farm Mut. Ins. Co.

In Lucky... we held that when the parties to an insurance contract agree to a policy endorsement which has the effect of substituting coverage of one automobile for that of another the transaction constitutes new insurance, "delivered or issued for delivery in this State."

Summary of this case from Warford v. State Farm Mut. Auto. Ins.

In Lucky v. Equity Mutual Ins. Co., 259 Ark. 846, 537 S.W.2d 160 (1976), the appellant signed a rejection of uninsured motorist coverage, and he was issued liability insurance on his 1960 Ford truck by the appellee.

Summary of this case from Colonia Underwriters Ins. Co. v. Richardson

In Lucky v. Equity Mutual Ins. Co., 259 Ark. 846, 537 S.W.2d 160 (1976), we held that when the parties to an insurance contract agree to a policy endorsement which has the effect of substituting coverage of one automobile for that of another the transaction constitutes new insurance, "delivered or issued for delivery in this State."

Summary of this case from American Nat' Property Casualty Co. v. Ellis

In Lucky v. Equity Mut. Ins. Co., 259 Ark. 846, 537 S.W.2d 160 (1976), the Supreme Court of Arkansas held that where, after the insured had rejected UM coverage, the insurer issued an endorsement for a substitute vehicle, the rejection of UM coverage was not effective as to the coverage provided under the endorsement.

Summary of this case from Pierce v. Allstate Ins. Co.

allowing one rejection to cover additional vehicles violates public policy that expects uninsured motorists coverage to be issued and rejected any time liability insurance is delivered in state

Summary of this case from Vigil v. Rio Grande Insurance
Case details for

Lucky v. Equity Mutual Ins. Co.

Case Details

Full title:BENJAMIN COLE LUCKY v. EQUITY MUTUAL INSURANCE CO

Court:Supreme Court of Arkansas

Date published: Jun 28, 1976

Citations

537 S.W.2d 160 (Ark. 1976)
537 S.W.2d 160

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