Alaska State Housing Authority v. Sipary

668 P.2d 824, 1983 Alas. LEXIS 465
CourtAlaska Supreme Court
DecidedSeptember 2, 1983
DocketNo. 6946
StatusPublished
Cited by3 cases

This text of 668 P.2d 824 (Alaska State Housing Authority v. Sipary) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alaska State Housing Authority v. Sipary, 668 P.2d 824, 1983 Alas. LEXIS 465 (Ala. 1983).

Opinion

OPINION

MATTHEWS, Justice.

This appeal presents a dispute over the right to fire insurance proceeds received by Alaska State Housing Authority (ASHA) following the destruction of two houses. The houses were being purchased from ASHA under conditional sales contracts, one by James Sipary, the other by Henry Sookiayak. Sipary and Sookiayak were participants in a program aimed at alleviating housing problems in remote areas of Alaska. Under the program, ASHA supplied building materials and supervised the construction of over 200 houses in native villages and sold the houses to participants. Because of government subsidies, Sipary was required to pay ASHA only $5,078 for [826]*826his house, and Sookiayak was required to pay $7,975.

The program participants began moving into completed houses in late 1972. By mid-1973, they were complaining of serious defects.1 Four class actions were filed against ASHA alleging, among other things, defects in the design and construction of the houses built in the program. Sipary and Sookiayak were class members.

The house belonging to Sookiayak, located in Shaktoolik, burned on November 10, 1975; Sipary’s house, located in Toksook Bay, burned on May 5, 1977. Except for a small amount paid by Sookiayak, ASHA had been paying all fire insurance premiums on both houses. ASHA received proceeds of $34,900 on Sipary’s house, and $32,-500 on Sookiayak’s house.

The class actions were settled by stipulation on March 21, 1979. The trial court approved the stipulation and maintained continuing jurisdiction to facilitate its implementation.

The stipulation provided that ASHA would

refund to each class member the total amount of money (including principal, interest, and all other payments) paid by the class member to ASHA ...;

and

cancel all indebtedness of class members for the houses ..., release them from any further obligations whatsoever under any “Conditional Sales Contract” involving these houses, and ... release them from any other obligations to ASHA arising out of the construction and use of these houses;

and, finally

convey and quitclaim to the appropriate class member or members the title to their house.... The document conveying and quitclaiming title to the house shall also convey to the appropriate class member ... any other interest which ASHA may have in the house or the property upon which it is located and shall release and waive any lien or encumbrance on the property in favor of ASHA which has arisen or may arise by operation of law or otherwise.

In return for the actions to be taken by ASHA, the class members who did not elect to be excluded from the operation of the settlement were to

waive all legal claims, existing or potential, which the home buyers have against ASHA, its employees, or the State of Alaska which arise out of the class members’ relationship with ASHA with regard to the houses....

The class members were sent written notices of the proposed settlement, the headings of which were translated into the appropriate native language. They were given until May 13,1979 to respond, in writing, if they wished to opt out. Neither Sipary nor Sookiayak did so. ASHA then sent a notice of proposed refund to each class member. Neither Sipary nor Sookiayak objected to ASHA’s offer to refund exactly what they had personally paid.

On or about August 30, 1979, ASHA delivered instruments conveying the interests in the houses and the funds reimbursing money paid by homebuyers to counsel for the class members, Alaska Legal Services Corporation (“ALSC”), for distribution to class members. Pursuant to the order approving the settlement, ALSC had the sole responsibility for further distribution.

When the required Report on Settlement Distribution was filed in December, it was noted that Sipary and Sookiayak had not been mailed refunds because of a dispute as to distribution of the insurance proceeds.

The parties then filed a Stipulated Statement of Facts and submitted briefs regarding the right to the proceeds. Judge Ser-dahely ruled that the issue was controlled by the terms of the settlement agreement, [827]*827in particular paragraph 23(c) which provides in relevant part:

The document conveying and quitclaim-ing title to the house shall also convey to appropriate class member or members any other interest which ASHA may have in the house or the property upon which it is located....

(Emphasis added by the trial court.) The court construed the quoted language “to mean that the parties intended to convey title to existing houses as well as interest in insurance coverage on such houses to plaintiffs.” The court ruled that ASHA was entitled to be paid its costs incurred in obtaining the insurance out of the insurance proceeds. The balance of the proceeds, however, was to be paid to Sipary and Sookiayak. The court stated:

Absent the settlement agreement in the main case herein, defendant ASHA may also have been entitled ... to be repaid any outstanding indebtedness owing on the house sale contracts between defendant and plaintiffs. The May 18, 1979 settlement and order approving the settlement between the parties, however, extinguished such indebtedness of plaintiffs. Under that agreement, the plaintiffs gave up their right to pursue legal remedies for alleged defects in their homes, while the defendant forgave any outstanding indebtedness on such houses, and quitclaimed title and “any other interest” in such houses to plaintiffs.

The court also awarded Sipary and Sookia-yak prejudgment interest from the date of ASHA’s receipt of the proceeds.

ASHA has appealed, arguing (1) that under the settlement agreement it should have been allowed to retain the proceeds, or at least that portion representing the amount “owed” by Sipary and Sookiayak; (2) that payment of lesser sums to ALSO constituted an accord and satisfaction; and (3) that the computation of prejudgment interest was incorrect. We find error only in the computation of prejudgment interest.

I

ASHA’s first claim is that the trial court misconstrued the settlement agreement. The court interpreted the language of paragraph 23(c) to mean that the parties intended to convey title to existing houses as well as interest in insurance coverage on such houses to appellees. In the words of the trial court, “[a]ny contrary interpretation leads to an absurd result, namely that the parties intended ... ASHA would ... convey ... title to burned out and non-existent houses.”

We believe the trial court’s construction of the settlement agreement was sound. ASHA’s interpretation would create a superfluous settlement term. Additionally, the parties would reasonably expect “other interests” to include money received from fire insurance.

ASHA argues that by “any other interest” it meant to insert a catch-all term, meaning to convey such contract interests as the right' to remove the house and “title” interests. Appellees point out that “title” interests are waived elsewhere and the waiver of liens and encumbrances defeats ASHA’s right to remove the house. Effect should be given, where possible, to every part of a contract. Stordahl v. Government Employees Insurance Co.,

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Bluebook (online)
668 P.2d 824, 1983 Alas. LEXIS 465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alaska-state-housing-authority-v-sipary-alaska-1983.