Camus v. State Farm Mutual Automobile Insurance Co.

151 P.3d 678, 2006 Colo. App. LEXIS 2066, 2006 WL 3627597
CourtColorado Court of Appeals
DecidedDecember 14, 2006
Docket05CA1404
StatusPublished
Cited by17 cases

This text of 151 P.3d 678 (Camus v. State Farm Mutual Automobile Insurance Co.) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Camus v. State Farm Mutual Automobile Insurance Co., 151 P.3d 678, 2006 Colo. App. LEXIS 2066, 2006 WL 3627597 (Colo. Ct. App. 2006).

Opinions

Opinion by

Judge J. JONES.

In this insurance bad faith case, plaintiffs, Macario Camus and Kristen Camus, appeal the summary judgment for defendant, State Farm Mutual Automobile Insurance Company, on the basis of claim preclusion. We reverse and remand for further proceedings.

I. Facts

The summary judgment record is sparse, consisting primarily of briefs in which the parties argue various inferences from and legal conclusions based on allegations of the complaint, but without presenting evidence as to the underlying facts. In granting summary judgment, the trial court took judicial notice of the file in the underlying personal injury action, but that file is not part of the record on appeal. Nevertheless, the parties do not dispute the following factual allegations of the complaint.

In 1999, plaintiffs were injured in an automobile accident caused by the negligence of another driver. Plaintiffs’ insurance policy with State Farm provided underinsured motorist (UIM) coverage of $100,000 per person for bodily injuries caused by a third party. They timely notified State Farm of their claims against the driver and the fact that he might be underinsured.

In 2001, plaintiffs filed a personal injury action against the driver, who had insurance coverage with a $25,000 per person policy limit. Under a policy provision obligating plaintiffs to obtain a judgment against the underinsured driver, State Farm intervened in the personal injury action in November 2002. State Farm’s complaint in intervention requested “a jury determination as to all issues including liability, causation, and damages as a result of the automobile accident in which plaintiffs were involved.” However, the complaint did not seek to determine State Farm’s UIM obligations to plaintiffs or assert any claims against plaintiffs. Plaintiffs did not file any supplemental pleading stating claims against State Farm.

Plaintiffs obtained State Farm s consent and settled with the driver for his policy limits. The personal injury action continued to trial, however, to determine the issues asserted in State Farm’s complaint in intervention. The jury returned verdicts in favor of plaintiffs, awarding $135,963 to Macario Camus and $344,895 to Kristen Camus for injuries caused by the driver. The court applied the terms of the policy, and State Farm paid plaintiffs the UIM coverage limits, less its previous payments to them and the settlement with the driver.

Plaintiffs subsequently filed this action against State Farm alleging bad faith breach of insurance contract, negligent or intentional misrepresentation in the sale of insurance policy, outrageous conduct, and bad faith violation of the Colorado Consumer Protection Act. According to plaintiffs, State Farm acted in bad faith by (1) unreasonably failing to investigate their UIM claim, (2) unreasonably refusing to arbitrate this claim, (3) improperly delaying consent to settlement with the driver, (4) obtaining continuances for contrived reasons, (5) unnecessarily forcing them to litigate the extent of their injuries even after it had approved their settlement with the driver, and (6) wrongfully refusing to pay medical and rehabilitation expenses as personal injury protection (PIP) benefits, both during and after the personal injury action.

The record before the trial court when it considered State Farm’s motion for summary judgment did not establish when several of State Farm’s alleged acts of bad faith occurred, such as: (1) its refusal to arbitrate plaintiffs’ claim under the policy; (2) its failure to have a doctor determine the severity of plaintiffs’ injuries; and (3) its failure to have plaintiffs’ claim evaluated by an independent claims examiner. State Farm did not dispute the allegations concerning its nonpayment of PIP benefits.

Nevertheless, State Farm sought summary judgment, arguing that plaintiffs’ claims were barred by the doctrine of claim preclusion because they arose either before or during the personal injury action, and plaintiffs were therefore required to bring them in that action to recover thereon. The trial court [680]*680entered summary judgment on that basis, without otherwise analyzing the viability of the claims.

II. Law

A. Standard of Review

Summary judgment may be granted if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” C.R.C.P. 56(c). It is a drastic remedy, however, that may not be entered when differing material factual inferences can be drawn from even undisputed evidence. Compass Ins. Co. v. City of Littleton, 984 P.2d 606, 613 (Colo.1999); Sewell v. Public Service Co., 832 P.2d 994, 998 (Colo.App.1991). Once the movant shows an absence of genuine factual issues, the burden shifts, and unless the nonmovant shows that a material factual dispute exists, summary judgment is appropriate, so long as the moving party is entitled to judgment as a matter of law. Smith v. Boyett, 908 P.2d 508, 516 (Colo.1995).

We review a summary judgment on the basis of claim preclusion de novo. Argus Real Estate, Inc. v. E-470 Pub. Highway Auth., 109 P.3d 604, 608 (Colo.2005).

B. Claim Preclusion

The doctrine of claim preclusion “bars relitigation not only of all claims actually decided, but of all claims that might have been decided if the claims are tied by the same injury.” Argus, supra, 109 P.3d at 609. To preclude a second claim there must be “(1) finality of the first judgment, (2) identity of subject matter, (3) identity of claims for relief, and (4) identity or privity between parties to the actions.” Argus, supra, 109 P.3d at 608; see also Cruz v. Benine, 984 P.2d 1173, 1176 (Colo.1999).

In this case, the essential questions are whether the subject matter and the claims for relief in the personal injury action and the bad faith case are identical.

In Argus, the court explained that the question in this context is whether, in the second action, the plaintiff is seeking a remedy against the defendant “ ‘with respect to all or any part of the transaction, or series of connected transactions, out of which the [first] action arose.’” Argus, supra, 109 P.3d at 609 (quoting Restatement (Second) of Judgments § 24 (1982)). The focus under this transactional test is not on the specific cause of action asserted or its label. Gavrilis v. Gavrilis, 116 P.3d 1272, 1273-74 (Colo.App.2005). Rather, “the ‘same claim or cause of action requirement is bounded by the injury for which relief is demanded ....’” Argus, supra, 109 P.3d at 609 (quoting Farmers High Line Canal & Reservoir Co. v. City of Golden, 975 P.2d 189, 199 (Colo.1999)).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Abrams v. Khattak
Colorado Court of Appeals, 2026
In Interest of Acosta
Colorado Court of Appeals, 2024
Foster v. Plock
2016 COA 41 (Colorado Court of Appeals, 2016)
Grynberg v. Total Compagnie Francaise des Petroles
891 F. Supp. 2d 663 (D. Delaware, 2012)
Loveland Essential Group, LLC v. Grommon Farms, Inc.
2012 COA 22 (Colorado Court of Appeals, 2012)
Timm v. Prudential Insurance Co. of America
259 P.3d 521 (Colorado Court of Appeals, 2011)
Coomer v. CSX Transportation, Inc.
319 S.W.3d 366 (Kentucky Supreme Court, 2010)
Hamon Contractors, Inc. v. Carter & Burgess, Inc.
229 P.3d 282 (Colorado Court of Appeals, 2009)
McLane Western, Inc. v. Department of Revenue
199 P.3d 752 (Colorado Court of Appeals, 2008)
Western Innovations, Inc. v. Sonitrol Corp.
187 P.3d 1155 (Colorado Court of Appeals, 2008)
Camus v. State Farm Mutual Automobile Insurance Co.
151 P.3d 678 (Colorado Court of Appeals, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
151 P.3d 678, 2006 Colo. App. LEXIS 2066, 2006 WL 3627597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/camus-v-state-farm-mutual-automobile-insurance-co-coloctapp-2006.