OPINION OF THE COURT BY CHIEF JUSTICE MINTON.
Craig Smith suffered injuries in a motor vehicle accident and settled his injury claim with the adverse driver's insurer for policy limits. Smith then submitted a UIM claim to his insurer, Allstate Insurance Company, claiming loss from injuries in excess of the amount recovered from the adverse driver's insurer. But Allstate denied the claim because Smith's policy did not provide for UIM coverage. So Smith sued Allstate for breach of contract and a declaration of rights as to UIM coverage. And he sought punitive damages for Allstate's alleged bad faith in denying him UIM coverage. Allstate counterclaimed to have its rights declared under the policy. The trial court granted summary judgment in favor of Allstate because Smith had not paid a premium for UIM or requested UIM coverage.
The Court of Appeals reversed the trial court's judgment even though it rejected the bulk of Smith's arguments. That court agreed with Allstate that the policy did not contain UIM coverage, the policy language was unambiguous on that point, and Allstate was under no common-law duty to inform Smith that UIM coverage was available and not provided. But the court did find Allstate had a duty under a specific provision of the MVRA to advise Smith of possible UIM coverage.
On discretionary review, we reverse the Court of Appeals and hold that Allstate was under no obligation to remind Smith of possible UIM coverage with each renewal of his policy. No such obligation has ever been imposed on an insurer and no provision of the MVRA alters this fact. UIM is an optional coverage to be requested by the insured and it must be mentioned by the insurer only when giving the insured "notice of first renewal."
In the spring of 2006, Smith was injured in an automobile accident. The at-fault driver's insurer paid Smith $25,000, the liability policy limit. According to Smith, this settlement was insufficient to cover his loss from the injuries he sustained, so he made a claim for UIM benefits against Allstate, his own automobile liability insurer.
Allstate denied Smith's claim because Smith had never purchased UIM coverage. In point of fact, UIM coverage was not listed on the declarations page of Smith's policy — a policy Smith had maintained with Allstate on a six-month renewal basis since 1979 — and Smith had never paid a premium for UIM coverage. It is undisputed that Smith never requested Allstate provide him UIM coverage. But Allstate
Summary judgment is appropriate only "when, as a matter of law, it appears that it would be impossible for the respondent to produce evidence at the trial warranting a judgment in his favor and against the movant."
Taking this into consideration, it is evident that a summary-judgment motion presents only questions of law with the simple determination of whether a fact question exists. So our review is de novo, and we are under no obligation to defer to the lower courts.
For his claim to be successful, Smith must show that Allstate (1) had a duty either to provide him with UIM coverage or inform him of its availability; (2) Allstate breached that duty; and (3) Smith was injured because of that breach. So for Allstate to be liable, Smith must show that there exists an affirmative duty to notify and inform its insureds of UIM coverage. The Court of Appeals found Allstate had such a statutory duty under KRS 304.39-040(13). We disagree.
It is important to keep in mind the optional nature of UIM coverage. Unlike other types of automobile coverage,
Smith argues that KRS 304.20-040 — a relatively recent statutory addition to the MVRA — creates such an affirmative duty. According to Smith, the statute mandates insurers notify their policyholders of UIM coverage when providing notice of the policy's renewal. We agree that KRS 304.20-040 places the onus on the insurers for apprising its insureds of the opportunity to purchase UIM coverage. But the question is when, under this statute, is this duty triggered?
The resolution of the central issue in this case requires statutory interpretation: whether KRS 304.20-040(13) creates a duty for insurers to notify insureds of UIM coverage availability. Our resolution begins and ends with application
KRS 304.20-040(13) reads as follows: "Except where the maximum limits of coverage have been purchased, every notice of first renewal shall include a provision or be accompanied by a notice stating in substance that added uninsured motorists, underinsured motorists, and personal injury protection coverages may be purchased by the insured."
So, what is the "notice of first renewal?" As Allstate argues, is an insurer required to notify of UIM coverage the first time a policy is renewed but not subsequent renewals? Or does "notice of first renewal" mean every time a policy is renewed, as Smith argues? The text of the statute clearly supports Allstate.
"Renewal" is mentioned in KRS 304.20-040 thirteen times. Of those thirteen, "renewal" has a modifier only once: "first" in section 13. Section 8, for example, involves the methods an insurer may use to indicate its willingness to renew the policy, one of which is "delivering a renewal notice."
Limiting UIM notification to the first renewal is reasonable on a policy level as well. After all, no written notice or mention of UIM coverage is required, unless the insured requests such information. At the very least, KRS 304.20-040(13) serves as some indication of UIM availability, even if it is less than Smith may prefer. And it seems a reasonable decision by the General Assembly to place new insureds on a different information plane than long-time insureds. An insured early in the life of his policy may be less familiar with policy coverages than an insured who has had the same policy for twenty years. With the notification in the initial stages of the course of dealing, the insurer and insured can make sure the policy is correct before the insured pays premiums for years or suffers loss because of a mistaken expectation of coverage.
So "notice of first renewal" means the first renewal notice the insurer delivers to the insured. Because Smith's policy began in 1979 and was renewed every six months, Smith's policy was first renewed well over thirty years ago, long before KRS 304.20-040 was added to the MVRA to require UIM information to be included in the first renewal notice. As we said in Mullins, "the General Assembly expressed its intent in this area by the then-applicable statutes[; w]e therefore decline to judicially interpose a rule to the contrary."
Even if we were to hold "notice of first renewal" to mean the first renewal notice sent to Smith after 1990 — the year the language regarding first renewal was added to KRS 304.20-040 — should have contained UIM information, Allstate did not breach its duty to notify Smith. Allstate sent Smith Form X4093-1 with each renewal, and Smith acknowledges receiving that form. This form notified Smith that he could purchase higher limits for uninsured motorist coverage, UIM, and PIP coverage. Smith's policy was renewed every six months, so Smith saw this notice many times over the life of the policy. Despite the notification in Form X4093-1, there is no evidence that Smith ever questioned his agent about purchasing UIM coverage.
Smith argues the Form X4093-1 was ambiguous because it made it seem that he
In any event, Smith's policy was explicit that UIM coverage was not provided. The coverage was not listed on the declarations page, and the policy was clear that any coverage not appearing on the declarations page was not provided. And Smith never paid a premium for UIM coverage. Arguing an insurance policy renewal form is ambiguous is not persuasive when the policy itself is so clear that the insured does not have a particular coverage. Here, Smith's ambiguity argument regarding Form X4093-1 is undercut by the policy's clarity, not to mention Smith's opportunity when he renewed the policy every six months for thirty-two years to read the policy and realize UIM coverage was not there.
Before concluding, we should note that Smith also attempts to argue Allstate had an implied duty to inform him about his lack of UIM coverage because of the lengthy course of dealing with Smith — roughly thirty-two years. We have previously recognized that insurers can be subject to implied duties under certain conditions: (1) "the insured pays the insurance agent consideration beyond a mere payment of the premium"; (2) "there is a course of dealing over an extended period of time which would put an objectively reasonable insurance agent on notice that his advice is being sought and relied on"; or (3) "the insured clearly makes a request for advice."
We cannot deny that Smith had a lengthy relationship with Allstate. But a lengthy relationship, standing alone, is insufficient to create an affirmative duty. Smith argues the relationship was lengthy and suggested an added degree of reliance or trust. Perhaps Smith did trust Allstate and its agent a great deal, but evidence of that fact is absent. There is no indication Smith ever sought counsel from his agent or sought advice on his coverage. Instead, Smith simply asked for the "best" coverage — or, maybe he did not even ask for that, if his agent's account is true — and never actually read his policy. Being willfully ignorant of a contract's terms does not equate to placing trust in the party with whom one contracts. Given the lack of discussion regarding Smith's coverage, Smith's agent had no reason to believe his advice was sought or relied on in choosing particular coverages — this is especially true with regard to additional coverage like UIM.
Allstate had no affirmative duty under KRS 304.20-040(13) or otherwise to notify or counsel Smith on UIM's availability.
We reverse the decision of the Court of Appeals and reinstate the trial court's judgment.
All sitting. Minton, C.J.; Cunningham, Hughes, Keller, Venters and Wright, JJ., concur.
Noble, J., concurs by separate opinion, and states that in reality, the purchaser of insurance places reliance on the insurance agent selling a policy to provide information about available coverage's, and there is no valid logic in requiring notice of available coverage's on "first renewal" but not on the initial purchase of the policy, particularly here, when it was purchased before the prevalence of UM and UIM coverage's.