Richardson v. Ludwig

495 N.W.2d 869 (1993)

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Nature of the Case

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Facts

Jermike (D), a Domino's Pizza franchisee, operated two pizza delivery franchises. Jermike (D) employed approximately 30 drivers, who delivered about 10,000 pizzas per month. Jermike (D) required its drivers to have liability coverage on their delivery vehicles. Richardson (P) commenced a negligence action as a result of injuries sustained in an October 21, 1988 automobile accident. P's automobile was rear-ended by an automobile driven by respondent Ludwig (D) and owned by Couture (D), Ludwig's (D) stepmother. At the time of the accident, Ludwig (D) was returning from delivering a pizza for Jermike (D). The vehicle was owned by Couture (D) and insured by State Farm (D), which provided liability coverage through a personal automobile policy. As a permissive user of Couture's (D) vehicle and as a resident relative of the named insured, Ludwig (D) was insured under the State Farm (D) policy. Jermike (D) was insured under a business automobile policy issued by U.S. Fire (D). Coverage was afforded only for hired autos or non-owned autos. Non-owned autos were defined as: Only those 'autos' you do not own, lease, hire, rent, or borrow that are used in connection with your business. This includes 'autos' owned by your employees or partners or members of their households but only while used in your business or your personal affairs. P sued Ds. Ludwig (D) and Couture (D) cross-claimed against Jermike (D) and Domino's (D); Jermike (D) and Domino's (D) cross-claimed against Ludwig (D) and Couture (D). U.S. Fire (D) moved for summary judgment, claiming Ludwig (D) was not an insured under its policy and, even if he were, the State Farm (D) policy was primary. State Farm (D) brought a cross-motion for summary judgment, asserting the U.S. Fire (D) policy was primary. The trial court denied U.S. Fire's (D) motion and granted State Farm's (D) motion. U.S. Fire (D) settled P's claims. The settlement agreement reserves U.S. Fire's (D) right to seek indemnity from State Farm (D). Jermike (D) appeals.