Eldridge v. Northwest G. F. Mutual Insurance

221 N.W.2d 16, 88 S.D. 426, 1974 S.D. LEXIS 146
CourtSouth Dakota Supreme Court
DecidedAugust 28, 1974
Docket11287
StatusPublished
Cited by12 cases

This text of 221 N.W.2d 16 (Eldridge v. Northwest G. F. Mutual Insurance) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eldridge v. Northwest G. F. Mutual Insurance, 221 N.W.2d 16, 88 S.D. 426, 1974 S.D. LEXIS 146 (S.D. 1974).

Opinions

WOLLMAN, Justice.

This is an appeal by Northwest G. F. Mutual Insurance Company, defendant, from a judgment in the amount of $407 based upon a jury verdict in that amount, and in the amount of $1,500 for attorney’s fees based upon an award by the court pursuant to SDCL 58-12-3 following trial, in favor of Dr. David Eldridge, plaintiff.

In March of 1966, plaintiff, a medical doctor employed by the United States Veterans Administration at Hot Springs, South Dakota, purchased what was described as a double wide trailer or mobile home. After purchasing the home, plaintiff communicated with a Mr. Boekhout, an insurange agent, concerning insurance coverage on the home. Mr. Boekhout wrote a policy of insurance on the home on behalf of defendant company.

On January 9, 1972, the roof of the home suffered damage as the result of high winds. Plaintiff reported the damage to Mr. Boekhout, who later came to plaintiff’s office and helped plaintiff prepare a loss report, which Mr. Boekhout then sent to defendant. Defendant assigned the investigation of the claim to the Rapid City, South Dakota, office of General Adjustment Bureau, a firm that adjusts insurance losses for various insurance companies who retain the firm’s services.

Following the damage to the roof, plaintiff placed rocks and old automobile tires on the roof in an attempt to prevent further wind damage to the plastic roofing material pending an adjustment of the loss and a completion of the repairs.

[428]*428On February 11, 1972, E. L. “Bud” Engler, an adjuster employed by General Adjustment Bureau, accompanied by George Sigafoos, a Hot Springs building contractor, inspected the damage to plaintiff’s home. Based upon his discussion with Mr. Sigafoos, Mr. Engler concluded that the damage to the rqof, which was covered by a plastic or vinyl type of covering not usually found on mobile homes, could be repaired by installing a metal ridge roll the length of the roof. Plaintiff was not present at the time Mr. Engler and Mr. Sigafoos inspected the damage. Later that day plaintiff signed a proof of loss statement that had been prepared by Mr. Engler showing $166.50 as the amount claimed.

Plaintiff testified that he was under the assumption that defendant would undertake to have the roof repaired following Mr. Engler’s inspection visit, plaintiff claiming unfamiliarity with matters of this nature. Several weeks after Mr. Engler’s inspection visit, further damage was done to the roof in a second windstorm. Plaintiff called Mr. Boekhout several times about this additional damage and was informed that Mr. Boekhout would expedite the matter by calling in the information to the company and that someone would be out to inspect the additional damage.

Meanwhile, on February 23, 1972, defendant issued its check in the amount of $166.50 payable to plaintiff and a local bank. Upon receiving the check, plaintiff called an officer of the bank and told him that he wasn’t exactly sure what he had signed. Plaintiff was informed by the bank officer to file a second claim. Plaintiff then called Mr. Boekhout, who advised plaintiff not to cash the check but to hold on to it and file another claim. Plaintiff talked with Mr. Boekhout several times on the phone about the matter but heard nothing further from anyone concerning the second claim. After waiting approximately two weeks after filing the second claim, plaintiff decided to take action to have the roof repaired inasmuch as water from melting snow was dripping through the ceiling panels into the home. Plaintiff called three local contractors, including Mr. Sigafoos, for information about the cost of making suitable repairs to the roof. Plaintiff told Mr. Sigafoos that he believed that because the entire roof covering was loose, putting a metal strip down the center of the roof as originally contemplated by Mr. Engler and Mr. [429]*429Sigafoos would act as a straight edge and shear off the roof material when it was lifted by the wind. Plaintiff got the impression from his conversation with Mr. Sigafoos that Mr. Sigafoos had not really comprehended the extent of the damage at the time he and Mr. Engler inspected the roof and that he agreed that putting down a metal strip might act as a straight edge and damage the roof further. Plaintiff testified that Mr. Sigafoos then discussed other types of roofing with him, including a hot tar and gravel roof, which would have been rather expensive because of the need of first stripping off the old roofing, and then what was described as a double overlap or “shelv” edge roof, on which Mr. Sigafoos quoted a price of about $30 a square. There was some discussion about using shingles, but Mr. Sigafoos thought that that would be impractical because they would be too heavy for the low pitch on the roof.

Plaintiff obtained a bid from Mr. Rahn, a local contractor, of $26 per square for installing the double overlap type of roofing material. The third contractor whom plaintiff contacted indicated that this would be a fair price for installing that type of roofing. It appears that all three contractors indicated that this would be the most economical type of roofing to use to repair the damage.

Mr. Rahn then installed double overlap roofing on the home sometime in March of 1972 for a total cost of $407. He testified that in his opinion this was the cheapest type of roofing material available in the area that would provide a suitable covering for the home. He testified that although the double overlap material was better material than that originally on the roof, there was no plastic type roof covering available to him similar to that which was originally put on the home.

During this time Mr. Roekhout informed defendant that plaintiff was not satisfied with the original adjustment and that he claimed to have more damage than was originally allowed. On March 21, 1972, defendant’s secretary informed Mr. Engler by letter that plaintiff would not accept the check for $166.50, and that he claimed to have considerably more damage than was allowed under the adjustment. The letter concluded as follows:

[430]*430“Please review your file on this and if you believe that you may have made an error in the adjustment please make a supplementary adjustment and submit same to us. If you believe that your adjustment was correct, then please inform us and we shall then inform Dr. Eldridge that no further allowance will be made.”

Mr. Engler called plaintiff at his office and said that he understood plaintiff was unhappy with the adjustment, to which plaintiff replied in the affirmative. Plaintiff testified that Mr. Engler then said, “I’ve been in Arizona for a couple weeks, I couldn’t get down, but I’ll go back to the Company and see if I can get you another hundred dollars.” On April 14, 1972, Mr. Engler reported to defendant by letter that on the previous day he had been in Hot Springs and had talked to Mr. Boekhout and to plaintiff. He then summarized the results of the inspection that he and Mr. Sigafoos had made on February 11, 1972, and repeated his conclusion that they had decided that the plaintiff was not entitled to replace or recover the entire roof. The report continued as follows:

“* * * Apparently the roof continued to leak after the claim was adjusted, so the insured, Dr.

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Eldridge v. Northwest G. F. Mutual Insurance
221 N.W.2d 16 (South Dakota Supreme Court, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
221 N.W.2d 16, 88 S.D. 426, 1974 S.D. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eldridge-v-northwest-g-f-mutual-insurance-sd-1974.