GREENE, J.
Joan Stickley ("Petitioner") was a passenger in a motor vehicle accident, in which the driver of the vehicle, her husband, was killed, and in which she suffered serious injuries. At the time of the accident, Petitioner and her husband had a motor vehicle liability insurance policy with State Farm Mutual Automobile Insurance Company ("State Farm Auto"), and an umbrella policy with State Farm Fire and Casualty Company ("Respondent") (collectively, "State Farm"). The umbrella policy contained a household exclusion,
The issue before this Court is the proper interpretation of the phrase "private passenger motor vehicle liability insurance" as contained in § 19-504.1. Specifically, we are asked whether an umbrella policy fits within that definition such that an insurer must offer an insured liability coverage for family members in the same amount as the liability coverage for nonfamily members. We shall hold that the umbrella policy does not fit within the definition of "private passenger motor vehicle liability insurance" as contained in § 19-504.1.
On March 19, 2008, Petitioner was riding as a passenger in a vehicle driven by her husband when, according to Petitioner, her husband negligently drove into an intersection and was struck by another vehicle. As a result of the accident, Petitioner's husband was killed and Petitioner suffered serious injuries.
At the time of the accident, Petitioner and her husband had several policies of insurance issued by State Farm. They had a motor vehicle liability policy with coverage of $100,000 per person and $300,000 per accident with State Farm Auto. Mrs. Stickley and her husband also had a Personal Liability Umbrella Policy with personal liability and uninsured motorist coverage of $2,000,000 with Respondent, a subsidiary of State Farm Auto. According to Petitioner, the Stickleys purchased both policies from the same State Farm agent.
The umbrella policy was originally purchased in the 1980's and issued by State Farm. It provided coverage for bodily injury, personal injury,
(Emphasis in original).
After the accident, Petitioner filed a claim under their automobile liability policy for injuries and losses she sustained as
On February 1, 2010, Petitioner filed a Complaint for Declaratory Judgment in the Circuit Court for Montgomery County. Petitioner sought to have the household exclusion in the umbrella policy declared void. To support her claim, Petitioner cited § 19-504.1, enacted in 2004, that requires an insurer to offer its insured, under a policy or binder of private passenger motor vehicle liability insurance, liability coverage for claims made by family members in the same amount as liability coverage for claims made by nonfamily members. The statute only applies when the liability coverage in the private passenger motor vehicle liability insurance policy exceeds the State-mandated minimum amount of coverage.
On March 30, 2011, a hearing was held in the Circuit Court for Montgomery County. The trial judge ruled in favor of State Farm and granted its Motion for Summary Judgment. Finding "absolutely no ambiguity in Section 19-504.1[,]" the judge stated "that the umbrella policy in this case is not a part of, referred to, connected to, or the same as, a private passenger motor vehicle liability insurance [policy]." The trial judge reasoned:
The judge further indicated that the General Assembly could have linked umbrella policies and motor vehicle policies together by specifically referencing "any type of policy which affords coverage in any motor vehicle accident" in the statute. As the judge noted, however, the statute was not written that way, and "[o]ur job is to look at what the law says."
Subsequently, Petitioner asked that we review the case. We granted certiorari in Stickley v. State Farm Fire & Cas. Co., 427 Md. 606, 50 A.3d 606 (2012), to answer the following questions:
The issue in the present case is the correct interpretation of § 19-504.1, which provides:
[Emphasis added].
As noted by the intermediate appellate court, the Stickleys' umbrella policy was renewed after the effective date of the statute and, "thus, is subject to § 19-504.1 if it comes within its substantive terms." Stickley, 204 Md.App. at 685, 42 A.3d at 699. We must assess, therefore, whether an umbrella policy is a policy of "private passenger motor vehicle liability insurance," thereby requiring the insurer to offer liability coverage for family members in the same amount as coverage for nonfamily members.
Petitioner argues that the General Assembly's "interest in protecting an insured's ability to recover damages in excess of the statutory minimums evidences an intent for [§ 19-504.1] to include excess liability policies." By only affording Petitioner the benefit of her primary motor vehicle coverage, Petitioner argues, she is being denied the extra protection she sought in the umbrella policy, which contradicts the purpose and language of the statute. With regard to the plain meaning of the statute, Petitioner's central argument is that because the umbrella policy contained motor vehicle liability insurance coverage, it is considered private passenger motor vehicle liability insurance as contemplated by § 19-504.1. Petitioner also argues that because the umbrella policy in the instant case required Petitioner to carry underlying motor vehicle insurance, "this requirement, [] intrinsically linked the two policies together making the motor vehicle coverage of the [u]mbrella [p]olicy an extension of the underlying policy, and, thus, the [u]mbrella [p]olicy would constitute private passenger motor vehicle liability insurance."
Positing several textual arguments with reference to the uninsured motor vehicle statutes, Md.Code (1997, 2002 Repl.Vol.), §§ 19-509, 19-510 of the Insurance Article, Petitioner contends that although the General Assembly distinguished between underlying policies and umbrella policies in the uninsured motorist statutes, it did not do so in § 19-504.1 because the General Assembly intended both underlying motor vehicle policies and umbrella policies to be incorporated into § 19-504.1. Finally, Petitioner reviews Maryland legislative history and precedent to argue, in the alternative, that household exclusions in umbrella policies are against Maryland public policy.
To the contrary, Respondent maintains that the umbrella policy in question is not a policy of "private passenger motor vehicle liability insurance" within the meaning of the statute, and "[f]or this reason, State Farm was not obliged to provide coverage where neither the policy nor [§ 19-504.1] required it to do so." Looking at the plain meaning of the statute, Respondent claims that umbrella policies are broad-based, general, personal liability policies that follow the insured, which is separate and distinct from a policy of private passenger
The legal issue in this case is one of statutory interpretation. As we stated in Bowen v. City of Annapolis, 402 Md. 587, 613, 937 A.2d 242, 257-58 (2007) (citations and quotations omitted):
"It is also clear that we avoid a construction of the statute that is unreasonable, illogical, or inconsistent with common sense." Centre Ins. Co. v. J.T.W., 397 Md. 71, 81, 916 A.2d 235, 240-41 (2007) (citations and quotations omitted). Additionally, we have stated:
Id. (citations and quotations omitted).
We begin by looking at the plain meaning of the phrase "policy or binder of private passenger motor vehicle liability insurance." (emphasis added). By its terms, a private passenger motor vehicle liability insurance policy refers to a specific type of motor vehicle liability insurance policy. These insurance policies have been held by this Court to "attach[] to automobiles and not to individuals." Neale v. Wright, 322 Md. 8, 16, 585 A.2d 196, 199-200 (1991). By contrast, a personal liability umbrella policy includes coverage for a myriad of losses suffered by the insured.
Additionally, a motor vehicle liability insurance policy is a type of primary policy that is required in the State. For example, as explained by one scholar, "an individual's automobile liability and homeowner's policies are [types of] primary insurance policies." Michael M. Marick, Excess Insurance: An Overview of General Principles and Current Issues, 24 Tort & Ins. L.J. 715, 716 (1989). Primary policies of motor vehicle liability insurance "attach[] immediately upon the happening of the occurrence ... giv[ing] rise to liability[,]" and have been required with a mandated minimum amount of coverage since the General Assembly revised the State's automobile insurance laws in 1972. See State Farm Mut. Auto. Ins. Co. v. Nationwide Mut. Ins. Co., 307 Md. 631, 635-36, 516 A.2d 586, 588 (1986)(discussing the General Assembly's mandated compulsory motor vehicle liability insurance law); Empire Fire & Marine Ins. Co. v. Liberty Mut. Ins. Co., 117 Md.App. 72, 117, 699 A.2d 482, 504 (1997) (citations and quotations omitted) (defining "primary insurance"); see also Md.Code (1977, 2002 Repl.Vol.), § 17-103 of the Transportation Article (noting that "the form of security required ... is a vehicle liability insurance policy" in certain minimum amounts); Md.Code (1977, 2002 Repl.Vol.), § 17-104 of the Transportation Article (explaining that evidence of the state-required security is a prerequisite to obtaining registration of a motor vehicle). By statute, an insurer may issue, sell, or deliver such motor vehicle liability insurance policies with coverage above the minimum required amount. Md.Code (1997, 2002 Repl.Vol.), § 19-502(b) of the Insurance Article.
By contrast, an umbrella policy is a supplemental form of insurance that is distinguishable from more specific primary policies, such as motor vehicle liability insurance or homeowner's insurance. For example, Black's Law Dictionary defines an "umbrella policy" as "[a]n insurance policy covering losses that exceed the basic or usual limits of liability provided by other policies." Black's Law Dictionary 811 (7th ed.1999) (emphasis added). Moreover, "umbrella insurance" is specifically referred to as "[i]nsurance that is supplemental, providing coverage that exceeds the basic or usual limits of liability." Black's Law Dictionary 808 (7th ed.1999) (emphasis added). Under either definition, therefore, umbrella policies are described not merely as an extension of the primary policy, but rather as a distinct and different form of coverage.
Not only are the basic definitions and coverages different in motor vehicle liability policies and umbrella policies, but the purpose of both forms of coverage are different. Although primary insurance attaches "upon the happening of the occurrence that gives rise to liability ... [e]xcess insurance[,] [by contrast,] attaches only after a predetermined amount of primary coverage has been exhausted." Empire Fire & Marine Ins. Co., 117 Md.App. at 117, 699 A.2d at 504 (citations and quotations omitted). In fact, umbrella policies generally "require the existence of a primary policy as a condition of coverage[,]" because the umbrella coverage only "kicks in" after the primary policy is exhausted to protect against catastrophic loss. Couch on Insurance 3d § 220:32 (2005)(emphasis added). Moreover, one scholar noted that umbrella policies are "clearly designed to be comprehensive excess policies." 8C Appleman, Insurance Law and Practice § 5071.65 (1981)(emphasis added). Appleman points out:
Id.
As we have explained in the past, we interpret the plain meaning of a statute in light of the context in which it appears. See Centre Ins. Co., 397 Md. at 85, 916 A.2d at 243 (applying a provision of the Insurance Article in context of the statutory scheme of its Title). "Our ultimate objective of statutory interpretation is to ascertain and effectuate the real and actual intent of the Legislature." See Md. Econ. Dev. Corp. v. Montgomery Cnty., 431 Md. 189, 64 A.3d 478 (2013) (citations and quotations omitted). An examination of the statute in context provides further indication that the General Assembly did not intend "private passenger motor vehicle liability insurance" to include umbrella policies. The subtitle at issue in the present case, "Subtitle 5. Motor Vehicle Insurance —
In support of Petitioner's argument, that § 19-504.1 must include umbrella policies, Petitioner cites to the uninsured motorist ("UM") statutes in the Insurance Article. Md.Code (1997, 2002 Repl.Vol.), §§ 19-509, 19-510. First, Petitioner contends that although Title 19, Subtitle 5 refers to "Primary Coverage," one of the UM statutes that falls within that section, § 19-509(h)(1), has been interpreted to apply to umbrella policies, thereby showing a legislative intent to treat umbrella policies as motor vehicle liability insurance. Cf. Popham v. State Farm Mut. Ins. Co., 333 Md. 136, 152-53, 634 A.2d 28, 36 (1993)(explaining an insurer's option to provide UM coverage under an umbrella policy). Unlike other language contained in Title 19, Subtitle 5, however, § 19-509(h)(1) explicitly refers to policies that are different in kind from primary policies. For example, the language of the statute itself discusses policies whose "primary purpose[] provides coverage in excess" of other forms of insurance. Md.Code (1997, 2002 Repl. Vol.), § 19-509(h)(1) of the Insurance Article (emphasis added). By its own terms, therefore, § 19-509(h)(1) explicitly distances itself from the primary motor vehicle policies discussed elsewhere in the section.
Petitioner also directs us to the UM statutes to argue that where "[t]he Maryland Legislature distinguished between underlying motor vehicle policies and umbrella policies in the [UM] statute and chose not to do the same thing in the family use exclusion statute [§ 19-504.1] ... the family use exclusion must be read to include all motor vehicle policies, including umbrella policies...." As we discussed above, however, the plain meaning of the phrase "private passenger motor vehicle liability insurance" does not include umbrella policies and "[i]n construing the plain language, a court may neither add nor delete language so as to reflect an intent not evidenced in the plain and unambiguous language of the statute." Bowen v. City of Annapolis, 402 Md. at 613, 937 A.2d at 257-58 (citations and quotations omitted). Moreover, Courts will not engage in "a forced or subtle interpretation [in an attempt to] extend[] or limit[] a statute's meaning." Hastings v. PNC Bank, NA, 429 Md. 5, 36, 54 A.3d 714, 732 (2012) (citations omitted). Therefore, we do not read into the General Assembly's actions beyond what the General Assembly has unambiguously codified.
Additionally, in interpreting a statute, we do not construe it to reach a result that is unreasonable, illogical, or inconsistent with common sense. Md. — Nat'l Capital Park & Planning Comm'n v. Anderson, 395 Md. 172, 182, 909 A.2d 694, 700 (2006) (citations and quotations omitted). Under this common sense approach, we note that the fundamental difference between umbrella and motor vehicle policies is underscored by the difference in premiums charged for the different coverages. As noted in Couch on Insurance 3d § 220:32 (2005):
Id. (citations and quotations omitted). Common sense also demonstrates that the Stickleys' umbrella policy differed from policies of private passenger motor vehicle liability insurance. For instance, the Stickleys' umbrella policy was specifically titled "Personal Liability Umbrella Policy" (emphasis added), indicating that the purpose of the umbrella policy was to provide coverage for the insured, as opposed to attaching primarily to the motor vehicle. Moreover, the Stickleys' umbrella policy required underlying coverage of automobile liability, recreational motor vehicle liability, personal residential liability, and watercraft liability, further indicating a fundamental distinction between the underlying primary policy and the supplemental, excess umbrella policy. In fact, such a requirement is typical of supplemental umbrella and excess policies. See Couch on Insurance 3d § 220:32 (2005) (noting that "[b]oth true excess and umbrella policies require the existence of a
Next, we determine whether, on the facts of this case, enforcing the household exclusion in the Stickleys' umbrella policy is against public policy, and, as such, should be voided.
"As a general rule, parties are free to contract as they wish." Nesbit v. Gov't. Employees Ins. Co., 382 Md. 65, 76, 854 A.2d 879, 885 (2004) (citations and quotations omitted). Although the Court will generally allow parties to contract freely, "[a] clause in an insurance policy, which is contrary to the public policy of this State, as set forth in ... the Insurance Code or other statute, is invalid and unenforceable." State Farm v. Nationwide, 307 Md. at 636, 516 A.2d at 588 (citations and quotations omitted); see also Jennings v. Gov't Employees Ins. Co., 302 Md. 352, 356-62, 488 A.2d 166, 168-71 (1985) (citations and quotations omitted) (noting that a household exclusion that excluded all liability coverage for injury to the insured and members of the insured's household was void as against public policy mandating compulsory automobile liability insurance). We note, however, that a "contractual provision that violates public policy is invalid ... only to the extent of the conflict between the stated public policy and the contractual provision." State Farm v. Nationwide, 307 Md. at 643, 516 A.2d at 592 (citations omitted).
In the present case, the public policy with regard to household exclusions requires the insurer to offer the insured liability coverage for family members in the amount equal to that of nonfamily members in a private passenger motor vehicle liability insurance policy. It would be a violation of public policy, therefore, to enforce a household exclusion in a situation where an insured has not offered coverage for claims of family members equal to that for nonfamily members under a private passenger motor vehicle liability policy exceeding the minimum amount of coverage. "To permit the `household exclusion' to operate [in the event the insurer has not offered such liability coverage] ... would be to deprive injured persons of the protection which the Legislature intended to provide, and would violate public policy." See State Farm v. Nationwide, 307 Md. at 643, 516 A.2d at 592 (citations and quotations omitted). The General Assembly, however, has not shown an intent to abrogate household exclusions altogether above statutory minimum coverage. Rather, in enacting § 19-504.1, the General Assembly chose to offer the insured the opportunity to purchase liability limits for family members equal to that for nonfamily members. Cf. Stearman v. State Farm Mut. Auto. Ins. Co., 381 Md. 436, 450, 849 A.2d 539, 547 (2004) (noting that "if the General Assembly had intended something closer to complete insurance recovery for all victims, they [could] have said so ...").
We explained in Allstate Ins. Co. v. Hart that "the invalidity of household exclusion clauses in motor vehicle insurance policies" is based upon specific statutory provisions. 327 Md. 526, 532-33, 611 A.2d 100, 103 (1992). Therefore, with regard to the household exclusion, "[w]e will not invade the province of the General Assembly and
Id.