Baldwin Mut. Ins. Co. v. Brantley

518 So. 2d 32, 1987 WL 390
CourtSupreme Court of Alabama
DecidedDecember 4, 1987
Docket85-359
StatusPublished
Cited by3 cases

This text of 518 So. 2d 32 (Baldwin Mut. Ins. Co. v. Brantley) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baldwin Mut. Ins. Co. v. Brantley, 518 So. 2d 32, 1987 WL 390 (Ala. 1987).

Opinion

518 So.2d 32 (1987)

BALDWIN MUTUAL INS. CO., a Corporation, and Frank B. Turner, an Individual
v.
Richard M. BRANTLEY.

85-359.

Supreme Court of Alabama.

April 24, 1987.
On Rehearing December 4, 1987.

Michael S. Harper of Hornsby & Schmitt, Tallassee, for appellants.

John E. Enslen and W.B. Reneau of Reneau and Reneau, Wetumpka, for appellee.

ADAMS, Justice.

This is an appeal from a judgment entered on a jury verdict in the Circuit Court of Elmore County, Alabama. Plaintiff, Richard Brantley, sued defendants, Baldwin Mutual Insurance Co., Frank Turner, and Perry Davis, for fraud and negligence in their handling of his claim for crop damage. *33 The jury found in favor of Brantley, awarding him $11,543.70 in compensatory damages, and $50,000.00 in punitive damages.

The facts upon which this jury verdict is based are as follows:

Richard Brantley is a farmer who lives in Elmore County, Alabama. In the late summer or early fall of 1981, Brantley had discussions with Perry Davis about insuring his wheat crop. Brantley called Davis because he had secured other types of insurance from Davis in the past. On October 26, 1981, Brantley went to Davis's office to complete an application for crop insurance. At this time, Davis told Brantley that he would also have to fill out an acreage report, and Davis told him for the first time about the possibility of dividing his wheat crop into separate "units." Davis also told Brantley that he (Davis) was unable to fill out an acreage report, but that someone from Baldwin Mutual's home office would be sent to help Brantley fill out the report.

On December 10, 1981, Brantley met with the representative sent by Baldwin Mutual, defendant Frank Turner. According to Brantley, it was at this time that Turner told him that if he would divide his wheat crop into eight separate units on the acreage report form, then he would have separate, independent insurance on each of these eight units. In other words, if he had a bad crop on only one unit, then the insurance would pay on that unit, even though he did not have a loss overall. Finally, Brantley alleges that Turner told him at this time that he would have to keep separate production expense records and separate harvest records on each unit in order to qualify for the insurance on each unit. Relying on these representations, Brantley had Turner complete the acreage report forms as Turner suggested. Thus, as far as Brantley knew at that time, his wheat crop was insured with Baldwin Mutual in the manner described by Turner.

In June 1982, Brantley began harvesting his wheat crop, and it was at this time that he discovered that there was a possibility of a loss on two of the eight units. Brantley sent a claim to Davis, the local agent, and told him that time was of the essence in having his claim adjusted by the Federal Crop Insurance Corporation (FCIC)[1] because he had to plant soybeans on the same land prior to July 5, 1982, in order to qualify for insurance for the soybean crop. Brantley called Davis on June 11 to see how the claim was progressing. He again emphasized to Davis his deadline for planting his soybeans. Brantley needed a quick response on his claim because, under the terms of his wheat crop insurance policy, he could not plow over his wheat field until the FCIC claims adjuster had made his inspection. Even though Brantley emphasized his necessity for quick action, there was evidence produced at trial that Baldwin Mutual took five days to mail the necessary form to Davis, and then Davis mailed incorrect information to the wrong FCIC office.

The FCIC claims adjuster did not come to inspect the wheat crop until July 6, 1982. It was at this time that the adjuster, Don Whigham, made the determination that Brantley's property did not qualify for unit division. Furthermore, since the FCIC claims adjuster did not inspect the property until July 6, one day after the July 5 deadline, Brantley was unable to secure insurance for his soybean crop planted on the two units. As a result, Brantley filed suit against the defendants for fraud and negligence in the handling of his claim. The jury found in favor of Brantley, and the defendants filed a motion for judgment notwithstanding the verdict, or in the alternative for a new trial. The trial court denied defendants' motion, and this appeal followed.

On appeal, defendants raise nine issues for our review. In essence, these issues deal with the propriety of:

1. the jury's verdict for fraud;

*34 2. the trial court's rulings with regard to requests for jury instructions and certain evidentiary matters;

3. the jury's verdict for negligence.

It is important to note at the outset that in Alabama jury verdicts carry with them a presumption of correctness, and this presumption is strengthened when the trial court denies a motion for judgment notwithstanding the verdict, or in the alternative, for new trial. American Honda Motor Co. v. Boyd, 475 So.2d 835 (Ala.1985). Appellants, therefore, bear the heavy burden of proving that the jury's verdict, as well as the trial court's ruling on the motion, was erroneous. After having considered the evidence presented and the contentions of the parties, we are of the opinion that the jury verdict, and the judgment entered thereon, were correct.

I.

In order for the plaintiff to make out a case of fraud in Alabama, the following elements must be proven:

(1) A false representation usually concerning an existing material fact;
(2) Representation which (a) defendant knew was false when made, or (b) was made recklessly and without regard to its truth or falsity, or (c) was made by telling plaintiff that defendant had knowledge that the representation was true while not having such knowledge;
(3) Reliance by the plaintiff on the representation that he was deceived by;
(4) Reliance which was justified under the circumstances; and
(5) Damage to the plaintiff proximately resulting from his reliance.

Army Aviation Center Fed. Credit Union v. Poston, 460 So.2d 139 (Ala.1984).

With regard to the first element, Brantley alleges in his complaint that Frank Turner told him he should divide his wheat crop into eight separate field units and that there would be separate, independent insurance coverages on each of these field units; and that this would allow plaintiff to recover for a poor crop on any one or more of the eight field units notwithstanding his having a good crop on any one or more of the remaining units. At trial, Turner admitted to having told Brantley that he should divide his crop into eight units, but claimed that he conditioned this advice by stating that Brantley could recover for a loss on one or more units only if the property qualified to be divided into units. However, Brantley testified that Turner told him that the only condition to his receiving separate insurance coverage on each of these units was that he keep separate production records for each unit.

According to the testimony of Don Whigham, the adjuster for FCIC, the unit division guidelines would not allow Brantley's farm to be divided into units. When Mr. Whigham was asked if there was any advantage whatsoever for Mr. Brantley to divide his farm into eight units on the acreage report, if the farm only qualified for one unit, Whigham answered "no." Also, Mr.

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Bluebook (online)
518 So. 2d 32, 1987 WL 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baldwin-mut-ins-co-v-brantley-ala-1987.