Bello v. Liberty Mutual Insurance Company

CourtDistrict Court, D. Utah
DecidedFebruary 18, 2025
Docket2:23-cv-00214
StatusUnknown

This text of Bello v. Liberty Mutual Insurance Company (Bello v. Liberty Mutual Insurance Company) is published on Counsel Stack Legal Research, covering District Court, D. Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bello v. Liberty Mutual Insurance Company, (D. Utah 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

JHONNY LEYVA BELLO, MEMORANDUM DECISION AND ORDER GRANTING IN PART AND Plaintiff, DENYING IN PART [23] DEFENDANT’S v. MOTION FOR SUMMARY JUDGMENT

LIBERTY MUTUAL FIRE INSURANCE Case No. 2:23-cv-00214-CMR COMPANY, Magistrate Judge Cecilia M. Romero Defendant.

All parties in this case have consented to the undersigned conducting all proceedings, including entry of final judgment (ECF 11). See 28 U.S.C. § 636(c); see also Fed. R. Civ. P. 73. Before the court is Defendant Liberty Mutual Fire Insurance Company’s (Defendant) Motion for Summary Judgment (Motion) (ECF 23). The court also considered Plaintiff Jhonny Leyva Bello’s (Plaintiff) response (ECF 24) and Defendant’s reply (ECF 28). On January 30, 2025, the court heard oral argument on the Motion (ECF 31). Having carefully considered the relevant filings, case law, and oral argument, the court GRANTS IN PART and DENIES IN PART Defendant’s Motion as set forth below. I. BACKGROUND A. The Accident and Workers’ Compensation Claim On March 14, 2020, Plaintiff, while working for Integrated Communication Services, Inc. (ICS) was involved in a motor vehicle accident with Dario Ramirez (Ramirez) (ECF 23-2 at 3–9). At the time of the accident, Plaintiff was engaged in the scope and course of work, driving a company car and was en route to provide services to an ICS customer (id.). The accident occurred when both parties were exiting a parking lot and Ramirez reversed his vehicle into the vehicle driven by Plaintiff (ECF 23-2 at 30). The airbags did not deploy in the accident and the responding officer noted in his report that there was “minimal damage to both vehicles” (id. at 11, 30). Plaintiff maintains that, as a result of the accident with Ramirez, he sustained injuries to his shoulder and neck (id. at 6–7). To resolve the pain that he was feeling in his neck, shoulder,

and lower back, Plaintiff began receiving chiropractic therapy (id.). On June 18, 2020, Plaintiff received an MRI of his shoulder (ECF 23-12 at 2). A radiologist, Tom Berg (Berg), reviewed the MRI results and opined in a written report that there was a “[t]ype IIb SLAP tear” which he “suspect[ed] is likely remote” given various other factors that he observed (id.).1 Approximately one month later, on July 15, 2020, Plaintiff met with Dr. John Sonnenberg (Sonnenberg) who recommended that Plaintiff receive surgery on his right shoulder (ECF 23-6 at 9). Sonnenberg later testified that he disagreed with Berg’s opinion that the injury was not caused by the accident and, in particular, Sonnenberg disagreed with Berg’s description of Plaintiff’s injury as “remote” (id. at 26–27).2 In November of 2020, consistent with Sonnenberg’s recommendation, Plaintiff received

shoulder surgery (ECF 23-2 at 13). Plaintiff then made a claim against Ramirez’s insurance carrier (id. at 18). As a result, on December 29, 2021, Plaintiff received $25,000—Ramirez’s policy limit—after executing a full release related to his claims against Ramirez (id.).

1 Plaintiff objects to Berg’s statements in the MRI report as “hearsay” (ECF 24 at 10). Berg’s statements however are not being offered for the truth of the matter asserted, that is, they are not offered to demonstrate that Plaintiff’s injury was “remote.” Instead, Berg’s statements are included in the court’s recitation of the facts because Defendant’s claims representative later indicated that she relied, in part, on the statements in Berg’s report. Plaintiff does not dispute that the claims representative testified that Berg’s report was one of the items she relied on in making her decision regarding Plaintiff’s claim (id. at 17). 2 At various points in the briefing, Plaintiff takes issue with Defendant’s description of Berg’s opinion—that Plaintiff’s injury was not caused by the accident—claiming that Defendant cannot “give an expert opinion interpreting Plaintiff’s MRI results” (ECF 24 at 10). Perhaps if the court only had Defendant’s interpretation of Berg’s report, then Plaintiff’s argument would have more force, however, the court also has the testimony of Plaintiff’s expert, Sonnenberg, wherein Sonnenberg testified that Berg’s report included an opinion that the shoulder injury was not caused by car accident (ECF 23-6 at 26–27). Thus, to the extent that Berg’s report needed an expert to interpret the implications of his stated opinion the court has Sonnenberg’s testimony to that effect. Shortly after the subject car accident, Plaintiff’s supervisor at ICS was informed of the incident and ICS made a claim for workers’ compensation on Plaintiff’s behalf (id. at 7). Ultimately, the workers’ compensation carrier paid for what it considered to be Plaintiff’s medical expenses related to the accident which amounted to $881.25 in medical benefits (ECF 24-3 at 3).

The workers’ compensation carrier also asserted a lien on any third-party settlement related to his injuries for that amount (id.).3 While the workers’ compensation carrier paid for Plaintiff’s initial treatment it denied payment for Plaintiff’s MRI and shoulder surgery due to the “mechanism of injury” not being “consistent” with the diagnosis (ECF 23 at 11; ECF 23-10 at 56–63).4 Plaintiff did not appeal the amount he received from the workers’ compensation carrier and, more specifically, he did not appeal the denial related to the refusal to pay for his shoulder surgery (ECF 23 at 12). There is no apparent dispute between the parties that if the workers’ compensation carrier had found that Plaintiff’s injury was caused by the accident that the entirety of Plaintiff’s medical expenses would have been covered by his workers’ compensation claim. B. The Underinsured Motorist Claim

On January 5, 2022, rather than appealing the workers’ compensation decision, Plaintiff made a claim against Defendant for underinsured motorist (UIM) benefits (ECF 23-2 at 18–20; ECF 23-4 at 32). Christine Muller (Muller), a Senior Claims Representative for Defendant, primarily handled the decision related to Plaintiff’s UIM claim (ECF 23-7 at 2). In February 2022, while investigating Plaintiff’s UIM claim, one of Defendant’s other representatives reached out to

3 While not relevant to the court’s analysis in ruling on the Motion, the court notes that the lien amount was later changed to $952.26 (ECF 23-5 at 6). 4 Plaintiff did not dispute that most of his workers’ compensation damages claims were denied, and he further did not dispute that the denial was based on the findings by the workers’ compensation carrier related to the mechanism of injury (ECF 24 at 16). Plaintiff did however lodge his disagreement as to the validity of the denial of his claims in response to Defendant’s undisputed fact on this point (id.). the workers’ compensation carrier5 asking about its denial of Plaintiff’s request for medical benefits pursuant to his workers’ compensation claim (ECF 28-9 at 3). A representative for the workers’ compensation carrier responded that they declined to cover Plaintiff’s MRI and shoulder surgery “due to the mechanism of injury” not being “consistent with the diagnosis” (id. at 2). When

asked whether an independent medical examination was done, the workers’ compensation carrier’s representative responded that there was a nurse, a medical doctor, and regional medical director “on file” (id. at 1). In the following months, Defendant, through Muller, denied Plaintiff’s claim.

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Bello v. Liberty Mutual Insurance Company, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bello-v-liberty-mutual-insurance-company-utd-2025.