Eriksen v. Blue Cross of Idaho Health Services, Inc.

778 P.2d 815, 116 Idaho 693, 1989 Ida. App. LEXIS 161
CourtIdaho Court of Appeals
DecidedAugust 3, 1989
Docket17581
StatusPublished
Cited by3 cases

This text of 778 P.2d 815 (Eriksen v. Blue Cross of Idaho Health Services, Inc.) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eriksen v. Blue Cross of Idaho Health Services, Inc., 778 P.2d 815, 116 Idaho 693, 1989 Ida. App. LEXIS 161 (Idaho Ct. App. 1989).

Opinion

BURNETT, Judge.

We are asked to review a magistrate’s award of attorney fees to the prevailing parties in a contract dispute. The dispositive issues are whether the award is authorized by I.C. § 12-120(3) and, if so, whether the amount awarded is reasonable. The *694 district court has upheld the award. Today we do the same.

The pertinent facts are undisputed. In 1984, Blue Cross of Idaho Health Services, Inc., entered a contract with' Albert and Patricia Eriksen, providing coverage of medical and hospital expenses. Mrs. Erik-sen subsequently underwent surgery. Blue Cross paid some of her bills but then refused to make further payments, contending that she had failed to disclose a prior health problem on her application for coverage. Blue Cross unilaterally rescinded the contract, leaving approximately $5,900 in medical bills unpaid and depriving the Eriksens of nearly $1,000,000 in potential coverage of future expenses during the remaining contract terra.

The Eriksens sued for breach of contract. Blue Cross counterclaimed, seeking to recover the payments made before the rescission. After a five-day trial, a jury found in favor of the Eriksens. The magistrate entered judgment reinstating the contract and awarding the Eriksens the amount of their unpaid bills, less the monthly premiums that would have been paid but for the rescission — a net award of approximately $2,300. The magistrate also awarded prejudgment interest, costs, and an attorney fee of $25,359. Blue Cross appealed the attorney fee award. The district court affirmed. Blue Cross appealed again, bringing the case to us.

I

The magistrate grounded the attorney fee award upon I.C. § 12-120(3), as amended on July 1, 1986. The district court upheld the award on that basis and also suggested that the award could be premised on I.C. § 41-1839, the statute which authorizes attorney fee awards against insurance companies for wrongful failure to pay claims. This alternative suggestion was nullified by Howard v. Blue Cross of Idaho Health Service, Inc., 114 Idaho 485, 757 P.2d 1204 (Ct.App.1988) (petition for review denied). In that case, a majority of this Court held that Blue Cross — a professional service corporation governed by chapter 34, title 41, of the Idaho Code — is not an insurance company within the meaning of I.C. § 41-1839. The 1988 Legislature promptly responded to Howard by making I.C. § 41-1839 applicable to corporations like Blue Cross. See I.C. § 41-3434(17). Nevertheless, in an addendum to the Howard opinion, we held that the new statute could not be applied retroactively. 114 Idaho at 492, 757 P.2d at 1211. That holding also precludes the application of I.C. § 41-1839 to the instant case.

Therefore, the dispositive question in this appeal is whether an attorney fee award is authorized by I.C. § 12-120(3), as originally declared by the magistrate. With its amendment on July 1, 1986, the statute mandates the award of a reasonable attorney fee to the prevailing party “[i]n any civil action to recover on an open account, account stated, note, bill, negotiable instrument, guaranty, or contract relating to the purchase or sale of goods, wares, merchandise, or services and in any commercial transaction unless otherwise provided by law____” (Emphasis added.) Blue Cross argues that the statute is inapposite for two reasons: (a) the contract with the Erik-sens does not relate to a purchase or sale of “services,” and (b) even if the contract does relate to “services,” it antedates the 1986 amendment that put the word “services” in the statute. We will address these arguments in turn.

A

Readers of this Court’s decision in Howard may be surprised to see Blue Cross claiming today that its contracts with subscribers do not relate to the purchase or sale of “services.” In Howard Blue Cross argued that it was not an insurer but was instead a service provider. A majority of this Court was persuaded by that argument, and Blue Cross thereby avoided liability for attorney fees under I.C. § 41-1839. Blue Cross will not now be heard to insist that it is something other than a service provider. We hold that the Eriksen contract relates to a purchase or sale of services.

In a narrower vein, Blue Cross contends that even if it is a service provider, the *695 services it provides do not come within the purview of I.C. § 12-120(3). Blue Cross maintains that the statute’s reference to “services” is limited by the subsequent mention of a “commercial transaction.” The statute goes on to define “commercial transaction” as “all transactions except transactions for personal or household purposes.” Thus, Blue Cross asserts that its services are outside the statute because they are incident to a “commercial transaction ... for personal or household purposes.”

The linchpin of Blue Cross’s argument is the supposed limitation of the term “services” by the words “commercial transaction.” We have held that other terms preceding the words “commercial transaction,” such as “open account, account stated, note, bill or negotiable instrument,” are not limited by the ensuing reference to purchase or sale of “goods, wares, [or] merchandise.” See Cheney v. Smith, 108 Idaho 209, 697 P.2d 1223 (Ct.App.1985); Camp v. Jiminez, 107 Idaho 878, 693 P.2d 1080 (Ct.App.1984); Boise Truck & Equipment, Inc. v. Hafer Logging, Inc., 107 Idaho 824, 693 P.2d 470 (Ct.App.1984). By parity of construction, we believe that “services” and the other enumerated elements of I.C. § 12-120(3) are not limited by the words “commercial transaction.” Moreover, it is well settled that statutes should not be read to create surplusage. Hartley v. Miller-Stephan, 107 Idaho 688, 692 P.2d 332 (1984). If the words preceding “commercial transaction” were treated merely as examples of the types of commercial transactions to which the statute could apply, they would be no more than surplusage.

We deem it clear that the Legislature put the term “commercial transaction” in this statute, not to narrow its scope, but to extend its coverage to litigation arising from commercial disputes as well as from certain non-commercial disputes. This intent is evinced by the Legislature’s use of the conjunctive phrase “and in any commercial transaction” (emphasis added). Consequently, we need not decide whether the Eriksen contract, which is a contract for the sale of services, also involves a commercial transaction other than for personal or household purposes. Because all service contracts are encompassed by I.C. § 12-120(3), the statute was correctly applied to this case.

B

We next consider Blue Cross’s argument that because the Eriksen contract was formed prior to 1986, the amended version of I.C.

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Cite This Page — Counsel Stack

Bluebook (online)
778 P.2d 815, 116 Idaho 693, 1989 Ida. App. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eriksen-v-blue-cross-of-idaho-health-services-inc-idahoctapp-1989.