Burger v. Doe

546 S.E.2d 141, 143 N.C. App. 328, 2001 N.C. App. LEXIS 265
CourtCourt of Appeals of North Carolina
DecidedMay 1, 2001
DocketNo. COA00-259
StatusPublished

This text of 546 S.E.2d 141 (Burger v. Doe) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burger v. Doe, 546 S.E.2d 141, 143 N.C. App. 328, 2001 N.C. App. LEXIS 265 (N.C. Ct. App. 2001).

Opinion

EAGLES, Chief Judge.

This case presents questions of whether an uninsured motorist coverage carrier may bind a tort-feasor for the amount the uninsured carrier paid the victim pursuant to an arbitration proceeding.

Plaintiff, Nancy Burger, was involved in an automobile accident with a car owned by defendant Alice Ann Skeens. Defendants claimed that they did not know who was driving the car at the time of the accident. Based on this assertion, the defendants’ insurance carrier Allstate denied coverage. Plaintiff Burger had an automobile insurance policy with plaintiff Farm Bureau which included uninsured motorist coverage.

Allstate’s denial of coverage allowed the defendants’ automobile to be considered an “uninsured motor vehicle” under the Farm Bureau policy. After the denial of coverage, Burger demanded arbitration of her claim under the Farm Bureau policy. After the demand but prior to the hearing, plaintiffs filed a complaint against the defendants to protect the plaintiffs’ rights under the statute of limitations.

On 13 October 1998, Farm Bureau and Burger arbitrated her uninsured motorist claim before an arbitration panel. The panel awarded Burger $19,000 for her personal injuries caused by the accident. The trial court later confirmed the award. The plaintiffs gave the defendants timely notice of the arbitration hearing. Defendants’ counsel attended but did not participate in the arbitration proceeding.

At trial of this matter, the parties agreed to bifurcate the proceedings. In the first phase, the jury concluded that, contrary to his assertion, defendant Richard Skeens was operating the vehicle in question at the time of the collision. A second portion of the trial was held on 9 August 1999 to determine proximate cause and damages. On [330]*330the morning of trial, the court made two rulings concerning the admissibility of the arbitration. The court determined that the plaintiffs could present evidence that Farm Bureau had paid Burger the $19,000 arbitration award. However, the trial court also ruled that Farm Bureau could not introduce any evidence as to the arbitration itself and the methods by which the arbitrators arrived at their award.

At the close of plaintiffs’ case, the defendants declined to put on evidence and the trial court denied plaintiffs’ motion for a directed verdict. The trial court also denied the plaintiffs’ request to submit issues from Nationwide Mutual Insurance Co. v. Chantos, 293 N.C. 431, 238 S.E.2d 597 (1977), regarding the amount of damages that plaintiffs were entitled to recover. Specifically, plaintiffs asked the trial court to instruct the jury in the following manner.

Issues in this case would be was Nancy Elizabeth Burger injured and damaged by the negligence of the defendants Alice Ann Skeens and Richard Skeens? Was the plaintiff North Carolina Farm Bureau’s settlement with Nancy Burger made in good faith? . . . Was the plaintiff North Carolina Farm Bureau’s settlement with Nancy Burger fair and reasonable? . . . What amount is the plaintiff North Carolina Farm Bureau entitled to recover? And I believe that if the jury would come back with the Issues 1 and 2 being yes, and answer the third issue yes, the case would be ended and the trial judge would enter a judgment in the amount of $19,000 in favor of the plaintiff, North Carolina Farm Bureau. Only if they answer the third issue no, should the trial judge instruct the jury that they should proceed to answer the fourth issue.

The court denied the plaintiffs’ request and instructed the jury, “[y]ou’re not required to accept the amount of damages suggested by the parties or their attorneys or the amount paid by Farm Bureau to Nancy Burger.” After deliberation, the jury awarded Burger $7,000. The trial court then denied plaintiffs’ motions for directed verdict and new trial. Plaintiffs appeal.

The central issues of this appeal are (1) whether the trial court should have allowed the jury to decide whether the defendants were bound by results of the arbitration proceeding and (2) whether evidence of the arbitration proceeding was admissible. We hold that under Chantos, the answer to both questions must be yes.

[331]*331Like the present case, Chantos arose out of an automobile accident. Id. at 433, 238 S.E.2d at 600. The plaintiff insurance company provided coverage to an automobile owned by a third party. Id. The third party allowed the defendant to drive the vehicle. Id. While operating the automobile, defendant negligently caused a collision with the victim. Id. The victim suffered serious personal injuries and substantial property damage. Id. Plaintiff settled the claim and then brought an action against the defendant for indemnity. Id. The Supreme Court agreed that the insurance company had a right to indemnity and held that the defendant could be bound by the amount of settlement. Id. at 442, 238 S.E.2d at 605.

In reaching this holding, the Supreme Court noted that the Financial Responsibility Act requires mandatory compliance with its terms. Id. at 440, 238 S.E.2d at 604. The Act’s provisions are written into every policy and the Act’s terms will prevail over a conflicting contractual term. Id. at 441, 238 S.E.2d at 604. The purpose is to protect innocent victims injured by financially irresponsible motorists. Id. at 440, 238 S.E.2d at 604. The victims’ rights are purely statutory in nature as opposed to a voluntary contract. Id. Therefore, while the Chantos defendant was not an “insured” under the contract, the Supreme Court held that the Financial Responsibility Act made him an “insured” for the public’s protection. Id. at 441, 238 S.E.2d at 604. The insurance company’s liability did not arise out of its own conduct but rather out of the Financial Responsibility Act and the defendant’s negligence. Id.

The Supreme Court then went on to analogize this situation to the public policy that imposes “liability upon an employer for the tortious conduct of his employee.” Id. at 441, 238 S.E.2d at 604. The Supreme Court then stated:

It has long been established that where liability has been imposed upon an employer because of the negligence of his employee and he incurs such liability solely under the doctrine of respondeat superior, the employer, having discharged the liability, may recover full indemnity from the employee. This rule of indemnity has also been applied to joint tort-feasors. The general rule of common law is that there is no right of indemnity between joint tort-feasors. This rule is modified by the doctrine that a party secondarily liable is entitled to indemnity from the party primarily liable even when both parties are denominated joint tort-feasors. For example, when the active negligence of one tort-feasor and the passive negligence of another combine to proxi[332]*332mately cause injury to a third party, the passively negligent tort-feasor who is compelled to pay damages to the injured party is entitled to indemnity from the actively negligent tort-feasor.

Id. at 441-42, 238 S.E.2d at 604 (citations omitted). The Supreme Court reasoned that it was unfair for the Chantos defendant to gratuitously reap the benefits of the insurance policy.

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Related

Nationwide Mutual Insurance v. Chantos
238 S.E.2d 597 (Supreme Court of North Carolina, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
546 S.E.2d 141, 143 N.C. App. 328, 2001 N.C. App. LEXIS 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burger-v-doe-ncctapp-2001.