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Regal Insurance Co. v. Bott8/10/2001
Third District, Salt Lake The Honorable Timothy R. Hanson
Plaintiff Regal Insurance Company, Inc. (Regal), filed suit against defendants, Laurie and Evan Bott (the Botts) and the estate of Jesse Bott, seeking a declaratory judgment regarding the benefits due the heirs or estate of the Botts' deceased son, Jesse, under the personal injury protection (PIP) provisions of the Utah motor vehicle insurance code. Specifically, Regal asked the district court to determine that the PIP benefits for lost income and household services applied only to an injured but surviving person, and not to the heirs or estate of a deceased person who died instantly in an automobile accident. The district court granted Regal's motion for summary judgment. We affirm.
BACKGROUND
In reviewing a grant of summary judgment, we review the facts and all reasonable inferences drawn therefrom in the light most favorable to the nonmoving party. See, e.g., Jensen v. IHC Hospitals, Inc., 944 P.2d 327, 328 (Utah 1997). In this case,
the parties stipulated to the facts presented to the district court. We recite the facts accordingly.
In November 1998, Jesse Bott was killed instantly in a single-car rollover while riding as a passenger in a car operated by Jason L. Allen. Allen's car was insured under a policy issued by Regal. The policy was issued in Utah and was therefore required to comply with Utah's motor vehicle insurance code providing the coverage described in those statutory provisions. See Utah Code Ann. ยงยง 31A-22-301 to -315 (1994 & Supp. 2000).
In December 1998, Regal paid the Botts, as the parents and sole heirs of Jesse's estate, the $1500 funerary benefit and the $3000 survivor benefit due under the PIP provisions of the policy. In February 1999, Regal paid the Botts the $25,000 bodily injury liability limit under other provisions of the policy.
Because Jesse had been living with his parents prior to the accident, the Botts also submitted a claim pursuant to section 31A-22-307(1)(b)(i) of the Utah Code, seeking the maximum PIP benefit for lost income resulting from Jesse's inability to work, and compensation for lost household services pursuant to section 31A-22-307(1)(b)(ii) of the Utah Code. Regal denied payment on both claims and initiated this declaratory judgment action. Both sides moved for summary judgment. The district court granted Regal's motion. Defendants appeal.
STANDARD OF REVIEW AND ISSUES RAISED
Summary judgment is appropriate only when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Utah R. Civ. P. 56(c). We review the district court's order granting Regal's motion for summary judgment for correctness without deference to the district court's legal determinations. See Rawson v. Conover, 2001 UT 24, 25, 20 P.3d 876.
The Botts raise two issues on appeal. First, they argue that the district court misinterpreted the statute and incorrectly excluded the benefits they seek from those required by the statute to be paid to heirs and estates. Second, they claim that even if not mandated by the statute, the actual language of Regal's insurance policy requires payment to them in this instance. We consider each issue in turn.
ANALYSIS
I. PIP BENEFITS TO HEIRS AND ESTATES UNDER THE STATUTE
The Botts first urge that Utah's PIP statute requires that lost income and household services benefits be paid to the heirs and estate of a covered person killed instantly in an automobile accident. This question turns on the interpretation of section 31A-22-307(1) of the Utah Code. That s
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