ARK. COMP. HEALTH INS. POOL v. Denton

286 S.W.3d 698
CourtSupreme Court of Arkansas
DecidedSeptember 11, 2008
Docket08-334
StatusPublished

This text of 286 S.W.3d 698 (ARK. COMP. HEALTH INS. POOL v. Denton) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ARK. COMP. HEALTH INS. POOL v. Denton, 286 S.W.3d 698 (Ark. 2008).

Opinion

286 S.W.3d 698 (2008)

ARKANSAS COMPREHENSIVE HEALTH INSURANCE POOL, Clifton Pennington, Linda Pennington, and Pennington Companies, Appellants,
v.
Sammy Lynn DENTON, Appellee.

No. 08-334.

Supreme Court of Arkansas.

September 11, 2008.

*699 Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C., by Byron Freeland and Jeffrey L. Spillyards, Little Rock, for appellant.

McHenry, McHenry & Taylor, by Donna McHenry, Robert McHenry, and Greg Taylor, Little Rock, for appellee.

*700 JIM HANNAH, Chief Justice.

This appeal concerns the statutory right of subrogation for the Arkansas Comprehensive Health Insurance Pool (CHIP), which insured appellee Sammy Lynn Denton. Denton leased commercial property owned by Clifton and Linda Pennington, d/b/a Pennington Companies (Pennington). In August 1999, Denton suffered injuries after he fell through an outside deck on the property and incurred medical expenses for the treatment of his injuries. CHIP, as Denton's medical insurance provider, expended $25,336.42 for his care and treatment.

Denton filed suit against Pennington, seeking damages related to his fall. After learning of the suit, CHIP filed a petition to intervene, pursuant to Arkansas Code Annotated section 23-79-510(e)(1)(C)(i) (Repl.2004). The circuit court did not rule upon the petition to intervene.

Later, CHIP learned that Denton and Pennington had reached a financial settlement without the consent of CHIP. On December 4, 2007, CHIP filed an objection to settlement, contending that, pursuant to Arkansas Code Annotated section 23-79-510(e)(2)(B) (Repl.2004), the settlement was not valid because CHIP had not consented to the proposed settlement. The circuit court then held a hearing to determine whether CHIP had a right to object to the settlement and whether Denton would be "made whole" by the proposed settlement amount and Dr. Ralph Scott, an economic consultant and professor in the department of economics and business at Hendrix College, testified about Denton's lost earnings. After reviewing Denton's prior earnings, he calculated that Denton's lost earning capacity was in the range of $453,000 to $1,700,000, and he calculated Denton's lost household services at $117,000. Dr. Scott stated that Denton's total economic loss was in the range of $570,000 to $1,909,000, with an average of $1,240,000.

Denton filed a motion to enter judgment in the circuit court, averring that he and Pennington had entered an agreement "which provided that a Consent Judgment in favor of Sammy Lynn Denton in the amount of $190,000 would be entered of record, and [Pennington] would forthwith pay said judgment." CHIP filed a response, contending that the circuit court was without authority to approve the settlement and requesting reimbursement of the $25,336.42 CHIP had paid for Denton's treatment and care.

The circuit court entered a consent judgment reflecting the settlement reached by Denton and Pennington. Denton then filed a satisfaction of judgment certifying that Pennington had paid him $190,000. On January 16, 2008, the circuit court entered an order denying CHIP's "Motion for reimbursement and prayer to block the subject settlement." The circuit court concluded that CHIP had no right to object to the settlement or to seek reimbursement because Denton was not made whole by the settlement.

CHIP now brings this appeal, asserting that, because Arkansas Code Annotated section 23-79-510 specifically provides CHIP with a "seat at the table" for any settlement discussions, the circuit court erred in denying CHIP's objection to settlement. CHIP also asserts that even if the statute permits parties to reach a settlement without CHIP's consent, CHIP is entitled to reimbursement from the settlement in the full amount of benefits paid on behalf of the insured. In other words, CHIP contends that the made-whole doctrine does not apply to claims made under section 23-79-510.

In this case, we are called upon to construe provisions of Arkansas Code *701 Annotated section 23-79-510 regarding CHIP's right of subrogation. We review issues of statutory construction de novo. Ryan & Co. AR, Inc. v. Weiss, 371 Ark. 43, 263 S.W.3d 489 (2007). It is for this court to decide what a statute means, and we are not bound by the circuit court's interpretation. Id. The basic rule of statutory construction is to give effect to the intent of the General Assembly. Id. In determining the meaning of a statute, the first rule is to construe it just as it reads, giving the words their ordinary and usually accepted meaning in common language. Id. This court construes the statute so that no word is left void, superfluous, or insignificant, and meaning and effect are given to every word in the statute if possible. Id. When the language of a statute is plain and unambiguous and conveys a clear and definite meaning, there is no need to resort to rules of statutory construction. Id. However, this court will not give statutes a literal interpretation if it leads to absurd consequences that are contrary to legislative intent. Id. This court seeks to reconcile statutory provisions to make them consistent, harmonious, and sensible. Id.

Arkansas Code Annotated section 23-79-510 provides in relevant part:

(e) Right of Subrogation—Recoveries.
(1)(A) Whenever the pool has paid benefits because of sickness or an injury to any covered person resulting from a third party's wrongful act or negligence... and the covered person has recovered or may recover damages from a third party that is liable for damages, the pool shall have the right to recover the benefits it paid from any amounts that the covered person has received or may receive regardless of the date of the sickness or injury or the date of any settlement, judgment, or award resulting from the sickness or injury.
....
(C) To enforce this subrogation right, the pool may:
(i) Intervene or join in an action or proceeding brought by the covered person... against any third party.
....
(2)(B) No release or settlement of a claim for damages and no satisfaction of judgment in the action shall be valid without the written consent of the pool to the extent of its interest in the settlement or judgment and of the covered person or his or her personal representative.
....
(4)(A)(i) In the event of judgment or award in either a suit or claim against a third party, the court shall first order paid from any judgment or award the reasonable litigation expenses occurred in preparation and prosecution of the action or claim, together with reasonable attorney's fees.
(ii) After payment of those expenses and attorney's fees, the court shall apply out of the balance of the award an amount sufficient to reimburse the pool the full amount of benefits paid on behalf of the covered person under this subchapter, provided that the court may reduce and apportion the pool's portion of the judgment proportionately to the recovery of the covered person.

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834 S.W.2d 637 (Supreme Court of Arkansas, 1992)
Ryan & Co. AR, Inc. v. Weiss
263 S.W.3d 489 (Supreme Court of Arkansas, 2007)
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Arkansas Department of Human Services v. Estate of Ferrel
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Arkansas Comprehensive Health Insurance Pool v. Denton
286 S.W.3d 698 (Supreme Court of Arkansas, 2008)

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Bluebook (online)
286 S.W.3d 698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ark-comp-health-ins-pool-v-denton-ark-2008.