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2001 ND 51

McPhee v. Tufty

North Dakota Supreme Court

Decided March 20, 2001

North Dakota Supreme Court · decided 2001-03-20

Cited by 5 later decisions — most recently November 2017

1 district · 4 state decisions

Relies on Woodrich Construction Co. v. Indemnity Insurance Co. of North America · Hughes v. State Farm Mutual Automobile Insurance Co. · Herman v. Magnuson

Good law ✅— No negative treatment on recordhow we know

Decided 2001-03-20

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*401Kapsner, Justice,

¶1concurring in the result.

¶2[¶ 47] I concur with the result of the majority, but I do not join in its reasoning. I would not reach the issue of the family car doctrine because I do not believe it is necessary to the decision in this case. The family car doctrine was created for purposes of extending liability to the owner of a car, thereby presumably creating a source of recovery for an injured individual. Herman v. Magnuson, 277 N.W.2d 445, 455 (1979). The issue of insurance coverage for that liability, however, is a distinct issue and should be determined on principles of contract. While I have some question whether the family car doctrine makes continuing sense in the context of statutorily mandated insurance, I am convinced that the doctrine does not determine the outcome in this case. The Tuftys entered into a settlement which stipulated to liability, but limited direct recovery. The terms of that Miller-Shugart settlement allowed the McPhees to pursue coverage rights which the Tuftys had against AMCO. Therefore, the decision should be based on a determination of the contractual rights of coverage.

¶3[¶ 48] With respect to whether there was “use” of the Toyota for purposes of Part A — Liability Coverage, I agree with the analysis of Justice Neumann in paragraphs 55 through 57 of his special concurrence.

¶4[¶ 49] With respect to the issue of whether the Toyota was a covered “newly acquired vehicle” under the AMCO policy, like Justice Neumann, I believe the reasoning of the Iowa Supreme Court in Farm & City Ins. Co. v. Anderson, 509 N.W.2d 487 (Iowa 1993) is persuasive because it comports with the plain language of the policy. As did the policy in the Iowa case, the AMCO policy in this case provides for coverage of a newly acquired vehicle “only if’ certain conditions are met. It is contrary to the plain meaning of such conditional language to imply automatic coverage for the first thirty days after acquisition of a new vehicle. Public policy does not provide a basis for finding automatic coverage as suggested by Justice Maring in her partial dissent. Legislative mandate requires certain insurance coverage for all drivers and that mandate was met by the Tuftys in this case. A separate policy which provided the mandatory coverage for the prior vehicle driven by Christopher was in place and the Toyota was treated as a newly acquired vehicle under that policy; coverage was extended for this accident to the limits of the Farm & City policy. I don’t believe public policy can be construed to extend beyond those mandates.

¶5[¶ 50] The trial court made two findings on whether notice was given to AMCO for coverage of a newly acquired vehicle. The court found, after clarification on remand:

42.
Prior to November 27, 1994, the date of the accident, Curtis and Debra Tufty never requested to have the Toyota added to the AMCO policy. Prior to November 27, 1994, the agent never contacted the parent company and requested that the Toyota be added to the AMCO policy. Curtis Tufty testified that it was his understanding and expectation that Christopher and his vehicles were not involved with AMCO, that he did not intend to have the Toyota insured under his AMCO policy and that it was intended that Christopher and his vehicles would and could only be covered by Farm & City. Brian Orn testified that the [sic] he did not intend or expect coverage under the AMCO policy to apply to Christopher’s Toyota because coverage was separately issued by Farm & City for Christopher and the Pontiac and because the Toyota was intended to replace the Pontiac.
58.
.The Court makes a specific finding of fact that the report of the accident and *402conversation with the agent by Debra Tufty on November 27, 1994, was a request for coverage under both Farm & City and AMCO policies.

¶6[¶ 51] I, too, have some difficulty in the holding of the majority opinion that the information Debra Tufty conveyed to Orn was insufficient as a matter of law to constitute notice of a newly acquired vehicle under the AMCO policy. I would hold that the finding is clearly erroneous because it is contrary to the evidence presented. The testimony of Brian Orn is summarized in Finding 42 as is the understanding of Curtis Tufty on the coverage of the Toyota automobile. There is no suggestion in the findings the court found these witnesses not to be credible. Mrs. Tufty did not testify. Therefore, the record contains no support for Finding 58. Findings of fact are clearly erroneous when there is no evidence to support the finding. Moilan v. Moilan, 1999 ND 103, ¶ 9, 598 N.W.2d 81. In its Conclusions of Law, the trial court stated “[t]he newly acquired clause in the AMCO policy is ambiguous and must therefore result in coverage even though the Tuftys did not make a specific request for AMCO coverage on the vehicle within thirty days of the purchase.” Whether a policy is ambiguous is a question of law. Fisher v. American Family Mut. Ins. Co., 1998 ND 109, ¶ 5, 579 N.W.2d 599. I do not find the ambiguity that would permit the determination that coverage exists under these facts.

¶7[¶ 52] Therefore, I concur in the result of the majority opinion.

[¶ 53] Carol Ronning Kapsner.
NEUMANN, Justice,

¶8concurring specially.

¶9[¶ 54] I concur in the result reached by the majority. I do not agree with, and I respectfully dissent from, paragraph 32 of the majority’s opinion, holding Curtis’s furnishing the Toyota to Christopher cannot constitute a “use” of the vehicle under an insurance policy. If this Court is going to abolish the possibility of insurance coverage for liability imposed by the family use doctrine, we should do it in a case in which that specific issue has been briefed and argued.

¶10[¶ 55] I nevertheless concur in the majority’s result, based primarily on the language in the insurance contract. The contract provides, as an exclusion under Part A-Liability Coverage:

B. We do not provide Liability Coverage for the ... use of:
3. Any vehicle, other than “your covered auto,” which is:
b. furnished or available for the regular use of any “family member.” However, this exclusion (B.3.) does not apply to your ... use of any vehicle which is:
b. furnished or available for the regular use of a “family member.” (Emphasis added.)

¶11[¶ 56] I believe the exclusion clearly is intended to address the possibility of liability for an accident just like the one in this case. The exclusion says the policy does not cover a vehicle furnished for the regular use of a family member unless it is a “covered auto.” In this case, I think everyone agrees Christopher falls within the policy’s definition of a “family member.” Therefore, if the Toyota is not a “covered auto” the exclusion applies.

¶12[¶ 57] Justice Maring argues, in her dissent, that the exception to the exclusion, excepting “your” use of a vehicle furnished for the use of a family member, creates ambiguity, and she would therefore construe the policy in favor of the insured as providing coverage. This Court has said when two good arguments can be made for either of two contrary positions as to the meaning of a term in a document, an ambiguity exists. Garofalo v. St. Joseph’s Hospital, 2000 ND 149, ¶ 7, 615 N.W.2d 160. The dissent’s argument, *403however, requires us to accept as reasonable an interpretation of the exception that completely gobbles up the exclusion, making it meaningless. The dissent argues that B.3. excludes the furnishing of a vehicle for the regular use of a family member, but grants an exception for the furnishing of a vehicle for the regular use of a family member. That is not a reasonable interpretation that leads me to find an ambiguity.

¶13[¶ 58] The question then is whether the Toyota is a covered auto or a vehicle other than “your covered auto” under the exception. To answer that we must look to the definition of “your covered auto,” and to the “newly acquired vehicle” provision of the policy. In its Definitions section the policy states:

J. “Your covered auto” means:
1. Any vehicle shown in the Declarations.
2. Any of the following types of vehicles on the date you ... become the owner:
a. a private passenger auto; or
b. a pickup or van.
This provision (J.2.) applies only if:
a. you ... acquire the vehicle during the policy period;
b. you ask us to insure it within 30 days after you ... become the owner; and
c. with respect to a pickup or van, no other insurance policy provides coverage for that vehicle.

¶14[¶ 59] The majority holds that, while the trial court did not err in finding Curtis Tufty had acquired an ownership interest in the Toyota for the purposes of provision J.2., Curtis and Debra Tufty, as named insureds, failed to make a specific request for coverage under the AMCO policy within thirty days, and therefore the newly acquired vehicle provision never took effect. The majority holds there can be no coverage under the newly acquired vehicle clause unless there is a specific request for such coverage. The dissent argues this holding is contrary to the law in a majority of jurisdictions in this country, that most jurisdictions have held there is automatic coverage for thirty days after acquisition of a new vehicle, and that a request to the company is necessary only if the coverage is to be extended beyond the thirty days.

¶15[¶ 60] Because of the specific language in AMCO’s policy, I would apply in this ease the reasoning in Farm & City Ins. Co. v. Anderson, 509 N.W.2d 487 (Iowa 1993). In that case the Iowa Supreme Court rejected the majority rule. Construing identical contract language, the Iowa Court stated:

The policy provides that a newly acquired vehicle becomes a “covered auto” “only if”: (1) the insured acquires the vehicle within the policy period; and (2) the insured asks the company to insure it within thirty days after the insured becomes the owner. The insured’s request for coverage is a condition that must be met in order for the newly acquired vehicle to be a “covered auto” under the policy. We fail to see how a reasonable person could read this provision to mean anything else.

¶16Anderson, at 491. Like the Farm & City policy in the Iowa case, the AMCO policy in this ease clearly and unambiguously affords coverage for a newly acquired vehicle “only if’ the insured asks AMCO to insure it within thirty days after becoming the owner.

¶17[¶ 61] In Anderson, however, the insured had made no effort to contact the insurance company during the thirty-day period. In this case, the Toyota was acquired on November 12, 1994, and Debra Tufty contacted the insurance agent with information of the accident on November 27, 1994, less than thirty days later. In addressing this contact the trial court found the agent was never asked to add the Toyota to Curtis and Debra Tufty’s AMCO policy, prior to November 27, 1994, but that the report of the accident somehow constituted a request for coverage *404under the AMCO policy. The finding that the November 27, 1994, contact was a request for coverage under the AMCO policy is not supported by any evidence in the record. It is clearly erroneous. The trial court then also erroneously concluded as a matter of law that the newly acquired vehicle clause in the AMCO policy is ambiguous and must therefore result in coverage even if the Tuftys did not make a specific request for AMCO coverage on the vehicle within thirty days of the purchase.

¶18[¶ 62] The newly acquired vehicle clause in AMCO’s policy is not ambiguous. The trial court’s finding that Debra Tufty requested coverage under the AMCO policy is clearly erroneous. Because AMCO was not asked to insure the Toyota, as unambiguously required by the newly acquired vehicle clause, the Toyota never became a “covered vehicle” under the AMCO policy, and it is therefore excluded from liability coverage by the terms of the policy.

¶19[¶ 63] I therefore concur in the result reached by the majority.

[¶ 64] William A. Neumann.
VANDE WALLE, Chief Justice,

¶20concurring and dissenting.

¶21[¶ 65] I concur in parts II and IIIA of the opinion written by Justice Sandstrom.

¶22[¶ 66] I disagree as to part IIIB because I believe there is some evidence to support the finding of the trial court that the report of the accident constituted a request for coverage under the AMCO policy. I therefore would affirm the trial court on that narrow ground.

[¶ 67] Gerald Vande Walle, C.J.
MARING, Justice,

¶23concurring in part and dissenting in part.

¶24[¶ 68] I agree with parts I and II of the majority opinion. I respectfully dissent from parts III, A and B.

¶25[¶ 69] The first question presented under the AMCO policy is whether there is coverage for Curtis Tufty for the liability, imputed to him by the family car doctrine, for the negligence of his son, Christopher, while driving an automobile.

¶26[¶ 70] As the majority points out, the AMCO policy provides, “We will pay damages for ‘bodily injury’ or ‘property damage’ for which any ‘insured’ becomes legally responsible because of an auto accident.” This language would seem to provide coverage for Curtis Tufty, because his liability arises as a result of the death of Sandra McPhee in an auto accident. However, the AMCO policy contains an exclusion which states coverage is not provided “for the ownership, maintenance or use of ... [a]ny vehicle, other than ‘your covered auto,’ which is ... furnished or available for the regular use of any ‘family member.’ ” This exclusion seems to deny coverage in this case, assuming arguendo the Toyota does not fit within the definition of “your covered auto.” There is an exception to this exclusion, though, which provides “this exclusion (B.3) does not apply to your maintenance or use of any vehicle which is ... owned by a ‘family member;’ or ... furnished or available for the regular use of a ‘family member.’ ” McPhees argue the term “your ... use” in this exception is ambiguous.

¶27[¶ 71] The rules regarding the construction of insurance policies are well established in North Dakota including that “any ambiguity or reasonable doubt as to the meaning of an insurance policy is strictly construed against the insurer and in favor of the insured.” Fisher v. American Family Mut. Ins. Co., 1998 ND 109, ¶ 6, 579 N.W.2d 599. “If the language in an insurance contract will support an interpretation which will impose liability on the insurer and- one which will not, the former interpretation will be adopted.” Aid Ins. Services, Inc. v. Geiger, 294 N.W.2d 411, 414 (N.D.1980). “Exclusions from broad coverage in an insurance policy are strictly construed against the insurer. An exception to an exclusion from broad *405coverage results in coverage.” Fisher, 1998 ND 109, ¶ 6, 579 N.W.2d 599 (citations omitted).

¶28[¶ 72] McPhees argue a reasonable interpretation of “your ... use” would include employment for some purpose of the user and that purpose is the pursuit of family convenience, recreation and pleasure. As the majority states: “[Use] denotes the employment of the automobile for some purpose of the user.” 8 Lee R. Russ, Couch on Insurance § 111:35, at 111-61 (3d ed.1997) (footnotes omitted). The majority also correctly states: “In the context of insurance law, courts have usually given the term “use” a broad, rather than narrow, construction.” See, e.g., Woodrich Constr. Co. v. Indem. Ins. Co., 252 Minn. 86, 89 N.W.2d 412, 418 (1958). Most courts, including our Court, have taken the position a person need not actually operate a vehicle to “use” it. See, e.g., Hertz Corp. v. Amerisure Ins. Co., 627 So.2d 22, 23 (Fla.App.1993); BATS, Inc. v. Shikuma, 1 Haw.App. 231, 617 P.2d 575, 577-78 (1980); HeHz Corp. v. Gov’t Employees Ins. Co., 250 A.D.2d 181, 683 N.Y.S.2d 483, 487 (N.Y.App.Div.1998); Manock v. Donley, 139 N.W.2d 391, 392 (N.D.1966). The majority concludes the standard analysis applied in deciding whether an insured “used” a vehicle when the insured was not driving is “(1) whether the vehicle was under the supervision and control of the insured, and (2) whether the vehicle was being operated to serve a purpose of the insured.” Shikuma, 617 P.2d at 577. The Toyota was under the supervision and control of Curtis Tufty according to the findings of the trial court, and even the majority concedes the first inquiry. of the analysis is satisfied in this case. I am of the opinion the second inquiry is also satisfied.

¶29[¶ 73] Curtis Tufty’s Lability is based on the family car doctrine. The majority concludes the evidence supports the trial court’s findings that Curtis Tufty had an ownership interest in the Toyota and furnished the vehicle for Christopher Tufty’s use as a family auto. The family purpose doctrine was first adopted in this state more than eighty years ago, and we reaffirm it today. See Ulman v. Lindeman, 44 N.D. 36, 176 N.W. 25, 27 (1919). “The decision was founded upon the theory that the driver of a family car, in pursuit of recreation or pleasure, was engaged in the owner’s business,” and thus the driver was either the agent or servant of the owner. Schobinger v. Ivey, 467 N.W.2d 728, 729 (N.D.1991) (emphasis added). Clearly the Toyota was being operated to serve and benefit the family purpose of Curtis Tufty, the owner.

¶30[¶ 74] The majority struggles to distinguish Rogers v. MFA Mut. Ins. Co., 262 Ark. 55, 554 S.W.2d 327 (1977). The only factual difference between Rogersand the present case is that the Supreme Court of Arkansas relied on an Arkansas statute that imputed the negligence of a minor child to a parent who signed the application of the minor for a permit or license. Id. at 329-30. Although the McPhees did not argue the applicability of N.D.C.C. § 39-06-09, it must be noted that this North Dakota statute imputes the negligence of a minor when driving a motor vehicle to the person who has signed the application for a permit or license. See Anderson v. Anderson ex rel., 1999 ND 57, ¶ 7, 591 N.W.2d 138 (interpreting N.D.C.C. § 39-06-09 to establish that a minor’s negligence as well as financial liability will be imputed to a parent who signed the application for a permit, barring recovery for injuries to that parent). The Rogersdecision is persuasive. The Rogerscourt concluded the statute’s imputation of negligence was vicarious liability and placed the “parent in the position of an actual user of an automobile any time the parent knowingly permits a minor to drive an automobile upon a highway, ...” 554 S.W.2d at 330.

¶31[¶ 75] Although Brabender v. Northern Assurance Co. of America, 65 F.3d 269 (2nd Cir.1995) is not factually directly on point, its analysis of the ambiguity of the *406term “use” is persuasive. Both the Bra-bender court and the Rogerscourt hold the term “use” as used in similar policies ambiguous. Brabender, 65 F.3d at 273; Rogers, 554 S.W.2d at 330. Both courts point out that “use” of an auto means more than operation of the auto by the insured. Bra-bender, 65 F.3d at 272; Rogers, 554 S.W.2d at 330. The Brabendercourt concluded it must construe the term “your use” in the insured’s favor when “[n]either the contract itself nor any other evidence submitted by the parties permits us to resolve the meaning and scope of the term ‘your ... use.’ ” 65 F.3d at 273. The majority does not cite to one case in support of its conclusion this term as used in an insurance policy is not ambiguous.

¶32[¶ 76] I would conclude the term “your ... use” is ambiguous, construe it in favor of the insured in light of the public policy enunciated in the family purpose doctrine which is firmly established in this state and affirm the trial court.3

¶33[¶ 77] The second question presented under the AMCO policy is whether the Toyota was covered as a “newly acquired vehicle.” The AMCO policy provides coverage for a private passenger auto on the date the insured becomes the owner. The policy then, however, states “this provision (J.2.) applies only if ... [the insured] acquirefe] the vehicle during the policy period ... [and the insured] ask[s] [the insurance company] to insure [the newly acquired vehicle] within 30 days after [the insured] ... become[s] the owner.” I would affirm the trial court and conclude that this language is ambiguous and when reasonably read means that a newly acquired vehicle is automatically covered during the thirty-day notice period, and notice is only a condition to obtaining coverage beyond the thirty-day period.

¶34[¶ 78] The purpose of an automatic insurance clause is to provide insurance coverage when an owned vehicle is not listed in the insurance policy and to provide coverage for the newly acquired car at the earliest time the insured needs protection. 8 Russ, Couch on Insurance, supra, § 117:2, at 117-10 (footnotes omitted). Such clauses are for the benefit of the insured and can be found in most standard automobile liability policies. Id. “The ‘automatic insurance’ clause ... is intended to meet the need to maintain insurance coverage in the situation arising from the recognized custom among insured owners of acquiring other cars by replacement and new purchases during the life of their policies .... ” Id. In Adams v. Bartel, 129 N.W.2d 755, 758 (N.D.1964), our Court stated: “The purpose for the automatic insurance clause was to broaden coverage and not to restrict it.”

¶35[¶ 79] The majority opinion has chosen to follow a minority view.4 Courts have *407almost unanimously recognized that an insured’s failure to give the insurer timely notice of a newly acquired vehicle does not affect automatic insurance coverage for liability arising during the notice period, but does bar insurance coverage for liability arising after the notice period. Annotation, Construction and Application of “Automatic Insurance” or “Newly Acquired Vehicle” Clause (“Replacement,” and “Blanket,” or “Fleet” Provisions) Contained in Automobile Liability Policy, 39 A.L.R.4& 229, § 2 (1985); 8 Russ, Couch on Insurance, supra, § 117:35, at 117-57-58. The insured’s duty to notify is a condition only to acquiring coverage after the grace period has expired. If an accident takes places within the notice or grace period, but before notice has been given, it is, therefore, generally held that the insured is afforded coverage. See Badger State Mut. Cas. Co. v. Stvenson, 404 N.W.2d 877, 879 (Minn.App.1987).

¶36[¶ 80] In Hobby v. Farmers Ins. Exchange, 212 Mich.App. 100, 537 N.W.2d 229, 230 (1995), the Michigan Court of Appeals held that an automatic insurance clause extended coverage to a replacement vehicle despite the insured’s failure to notify the insured of her replacement. The court explained the rationale for its decision, in stating:

[The insurer] contracted to provide insurance coverage with or without notice for thirty days, so its risk is not in any way increased or altered by this holding. Once the thirty-day period expires, of course, coverage is terminated unless timely notice has been provided.
To hold otherwise would permit an insurer to contract to assume a risk and accept a premium for coverage of the replacement vehicle for the thirty-day grace period, and then retroactively cancel or withhold coverage in the event the risk becomes an actuality in the form of an accident involving the replacement vehicle. We find no justification for such a retroactive cancellation in the face of the plain language of the contract to the contrary.

¶37Id. at 230-31.

¶38[¶ 81] The policy language in Hobbyprovided that replacement vehicles would be covered by the insured if the insurer was told about the replacement “within 30 days after the date of acquisition.” Id. at 230. The court stated that until the thirtieth day following the acquisition of a new vehicle, coverage extends automatically regardless of notice from the insured. Id. at 231.

¶39[¶ 82] Rationales similar to that of Hobbyare applied throughout the majority of jurisdictions. Both the Arizona Court of Appeals and the Minnesota Court of Appeals have concluded that the purpose and effect of an “automatic insurance” clause operates to make notice a condition precedent to extension of coverage beyond the grace period. Daniels v. State Farm Mut. Auto. Ins. Co., 177 Ariz. 340, 868 P.2d 353 (App.1994); Swenson, 404 N.W.2d 877. The language in Daniels is nearly identical to the language here. 868 P.2d at 354. It provided coverage for a newly acquired car “but only if you ... tell [the insurer] about it within 30 days after its delivery[;] ... tell [the insurer] which [policy] is to apply; and ... pay [the insurer] any added amount due.” Id.The court initially noted that most jurisdictions have held that the purpose and effect of such a clause is to provide automatic insurance coverage during the grace period, but to preclude coverage after that period unless the insured has given the necessary notification. Id.The court reasoned that since coverage is automatic during that thirty-day notice period it is immaterial that the insured did not notify the insurer of the new car and never paid additional premiums. Id. at 355. Whether notification was received by the insurer during the grace period is only material to the existence of coverage following the thirty-day notice period. Id.

¶40*408[¶ 83] In this case, the insurance clause creates a grace period to allow the insureds, Curtis and Debra Tufty, to notify AMCO of their newly acquired vehicle as a condition precedent to obtaining coverage subsequent to the thirty-day period. The Tuftys are provided with automatic insurance coverage for thirty days following the purchase of a new vehicle. Failure to ■ notify AMCO of the purchase of their new car is immaterial to coverage during the grace period and material only to coverage extending beyond the thirty-day notice period. To hold otherwise is contrary to the weight of authority from other jurisdictions addressing the issue. See, e.g., Barnard v. Fireman’s Fund Ins. Co., 996 F.2d 246, 248 (10th Cir.1993); Republic Mut. Ins. Co. v. State Farm Mut. Auto. Ins. Co., 527 F.2d 1002, 1003-04 (4th Cir.1975); Hobby, 537 N.W.2d at 230-31; Daniels, 868 P.2d at 354; Swenson, 404 N.W.2d at 879; Nat’l Union Fire Ins. Co. v. Falcia-ni, 87 N.J.Super. 157, 208 A.2d 422, 430 (1965); Annot., 39 A.L.R.4th 229, § 23[a]. But see Annot., 39 A.L.R.4th 229, § 23[b] (jurisdictions rejecting the majority view). Furthermore, to hold otherwise frustrates the purpose behind our financial responsibility laws, that is, to provide protection for innocent third parties. Richard v. Fliflet, 370 N.W.2d 528, 532 (N.D.1985) (acknowledging “the Legislature’s purpose in enacting our financial responsibility laws was to protect innocent victims of motor vehicle accidents from financial disaster”); Nodak Mut. Ins. Co. v. Loeffler, 225 N.W.2d 290, 293 (N.D.1974) (stating “[i]n construing the terms of an automobile insurance policy, it must be kept in mind that the public has an interest in having automobiles covered by liability insurance”).

¶41[¶84] I would follow the majority of the jurisdictions, which recognize a premium has already been paid for this thirty-day grace period and would not retroactively cancel the coverage.

¶42[¶ 85] Although the majority opinion concludes notice that Tuftys had purchased a new vehicle was given, it determines such notice was “insufficient as a matter of law” because Debra Tufty did not specifically state: “I request coverage under the AMCO policy.” The trial court, however, found “the report of the accident and conversation with the agent by Debra Tufty [on November 27, 1994,] was a request for coverage under both [the Farm and City and AMCO] policies.” Under Rule 52(a), N.D.R.Civ.P., we will not set aside a trial court’s findings of fact unless it is clearly erroneous. In the Matter of the Estate of Nelson, 553 N.W.2d 771, 773 (N.D.1996). “We give great deference to the trial court’s opportunity to observe the witnesses and determine credibility.” Luna v. Luna, 1999 ND 79, ¶27, 592 N.W.2d 557.

¶43[¶ 86] An insured provides sufficient notice when the insured gives the insurer notice within the specified number of days of the acquisition of a new vehicle. 8 Russ, Couch on Insurance, supra, § 117:28, at 117-46 (footnotes omitted). Notice is complete so long as the insured has clearly relayed to the insurer that he or she has acquired a new vehicle. Requiring the insured to state more than was stated here, limits the application of an automatic insurance clause and is contrary to the intent of the policy. Lay persons’ statements to an insurance agent regarding the acquisition of a new vehicle are intended to invoke notice to the insurer that coverage is requested.

¶44[¶ 87] The trial court after hearing the testimony and reviewing the log entries found Debra Tufty contacted the insurance agent and stated to him that she and her husband had purchased a different vehicle for their son, Christopher, and that he had been in an accident. Her statements could reasonably be construed to request coverage under both policies. What reason would Debra Tufty have for making this phone call other than to “request coverage.” She did not specifically request coverage under either policy. It was the *409agent who decided which company to submit the loss to.

¶45[¶ 88] The majority states that neither the insurance agent nor the insured had the intention of adding the Toyota as a covered vehicle under the AMCO policy. The insurance agent’s log entries, however, suggest otherwise. The insurance agent maintained a file diary for both the AMCO policy and the Farm and City policy. Upon receiving the call from Debra Tufty regarding the accident, the agent made a log entry in both policy diaries. Such evidence supports the trial court’s findings and indicates the insurance agent believed the Toyota would be covered as a newly acquired vehicle under both policies.

¶46[¶ 89] The majority states the only reasonable inference to be drawn from Debra Tufty’s call to the insurance agent is that she requested coverage under the Farm and City policy. I disagree. I agree with the trial court that this is not the only reasonable inference to be drawn and would affirm the trial court, who heard the testimony of the agent and obviously did not find him credible.

¶47[¶ 90] Because I conclude that Curtis Tufty was “using” the vehicle; that the insurance policy provides automatic coverage during the grace period without regard to notice; and that the notice given, nevertheless, was sufficient to invoke coverage, I respectfully dissent. Accordingly, I would affirm the judgment of the trial court.

[¶ 91] Mary Muehlen Maring.

¶48. The special concurrence of Justice Neu-mann Concludes this interpretation of the exception “completely gobbles up the exclusion, making it meaningless.” That is not true. The exclusion would still apply to the use of a vehicle furnished for a family member by a relative, a friend, a neighbor, etc. In addition, our Court has held an exclusion clause that violates public policy is not valid. See Hughes v. State Farm Mut. Auto. Ins. Co., 236 N.W.2d 870 (N.D.1975) (holding the “household or family exclusion clause” in a policy of liability insurance violated public policy as expressed in our financial responsibility laws and was thus void). The family car doctrine is based on the public policy of giving an injured party a right to pursue a financially responsible defendant. “The overriding purpose of our financial responsibility laws is to protect innocent victims of motor vehicle accidents from financial disaster.” Richard v. Fliflet, 370 N.W.2d 528, 534 (N.D.1985). The family car doctrine imposes liability on the parent who furnishes the child a vehicle for family purposes. Our Legislature has imposed financial liability for the negligence of a child ón a parent who signs the application for a permit to drive a motor vehicle. N.D.C.C. § 39-06-09. If this liability is construed the way the majority suggests, there is no way for a parent to insure against this vicarious liability under these facts.

¶49. The trial court held the “newly acquired vehicle” clause ambiguous following the majority of jurisdictions addressing this issue. The majority and special concurrence cast aside the issue of whether the conditions ap*407ply to the first 30 days of coverage or cover after 30 days of automatic coverage.

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