Farm Bureau Mutual Insurance Co. of Arkansas v. Guyer

386 S.W.3d 682, 2011 Ark. App. 710, 2011 WL 5562735, 2011 Ark. App. LEXIS 759
CourtCourt of Appeals of Arkansas
DecidedNovember 16, 2011
DocketNo. CA 11-274
StatusPublished
Cited by2 cases

This text of 386 S.W.3d 682 (Farm Bureau Mutual Insurance Co. of Arkansas v. Guyer) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farm Bureau Mutual Insurance Co. of Arkansas v. Guyer, 386 S.W.3d 682, 2011 Ark. App. 710, 2011 WL 5562735, 2011 Ark. App. LEXIS 759 (Ark. Ct. App. 2011).

Opinion

DOUG MARTIN, Judge.

| Appellant Farm Bureau Mutual Insurance Co. (“Farm Bureau”) appeals from an order of the Mississippi County Circuit Court granting the majority of the summary-judgment motion filed by appellees Jim and Lisa Guyer and denying the majority of Farm Bureau’s cross-motion for summary judgment. The Guyers have cross-appealed from that portion of the circuit court’s order granting Farm Bureau’s summary-judgment motion on the Guyers’ tort claim for bad faith. We find no error and affirm on both direct appeal and cross-appeal.

The Guyers purchased an insurance policy from Farm Bureau; the policy insured the Guyers’ home for $200,000 and their personal property for $100,000. The homeowner policy declaration listed Bank of America as a mortgagee on the property and as a loss payee.

On March 24, 2010, the Guyers’ home and personal property were destroyed by fire. The Guyers met with their insurance adjuster, Matt Cossey, on March 29, 2010, and ^executed a sworn statement and proof-of-loss form. An inspector examined the property on April 3, 2010, to determine whether the fire was suspicious in nature. Even after the inspector determined that the fire was not suspicious, however, Farm Bureau refused to pay the Guyers their policy proceeds, informing the Guyers that it now needed to perform a search for any liens on the property. When Farm Bureau still had not paid on the policy by May 3, 2010, Jim Guyer again contacted Cossey, who stated that Farm Bureau had not discovered any liens on the property but was now having a title opinion prepared. On that basis, Farm Bureau again refused to pay on the policy.

On May 19, 2010, Farm Bureau filed a complaint in interpleader in Mississippi County Circuit Court, naming the Guyers, Bank of America, Regions Bank, MBNA America Bank, and Capital One Bank as defendants.1 In its complaint, Farm Bureau alleged that, in addition to Bank of America’s mortgage in the amount of approximately $137,250, it had discovered that Regions Bank also had a $40,000 mortgage on the property; that MBNA America Bank had a judgment against Lisa Guyer in the amount of $42,079.41; and that Capital One Bank had a default judgment against the Guyers for $33,257.56. Given the “potential for conflicting claims as to the insurance proceeds,” Farm Bureau claimed it was “in doubt as to which of the defendants is entitled to be paid from the homeowner insurance proceeds.” Accordingly, Farm Bureau asserted that it was in “the best interest of all defendants” for it to tender $300,000 — representing its homeowner policy limits of $200,000 |sfor the dwelling and $100,000 for personal property — into the registry of the court “pending an order from this court as to how these proceeds should be distributed.”

The Guyers filed an answer and counterclaim, and later an amended answer and counterclaim, in which they asserted that Farm Bureau was obligated by the insurance policy to pay the amount of insurance on the Guyers’ dwelling to the Guyers and to Bank of America, and not to any of the other named defendants in the complaint in interpleader. The Guyers asserted that the complaint in interpleader was improper, unreasonable, and resulted in delay and needless expense. Their counterclaim sought the statutory penalty and attorney’s fees provided for in Arkansas Code Annotated section 23-79-208 (Repl.2006); in addition, the Guyers raised claims of breach of contract and bad faith.

Both Farm Bureau and the Guyers filed motions for summary judgment. The circuit court held a hearing on the various pleadings on November 18, 2010. At the conclusion of the hearing, the court found that Farm Bureau had no reasonable basis for filing its complaint in interpleader because, other than the Guyers and Bank of America, none of the named defendants (Regions Bank, MBNA America Bank, and Capital One Bank) had any claim against Farm Bureau at the time the interpleader action was filed.2 In its order, entered on |4Pecember 3, 2010, the court granted the Guyers’ motion for summary judgment on the interpleader issue and awarded the Guyers the 12% penalty set out in section 23-79-208, as well as attorney’s fees and prejudgment interest.3 The court found, however, that Farm Bureau’s actions had not amounted to bad faith and granted Farm Bureau’s motion for summary judgment on that issue. Farm Bureau filed a timely notice of appeal on December 30, 2010, and the Guyers filed a timely notice of cross-appeal on January 6, 2011.

In its sole point on appeal, Farm Bureau contends that the trial court committed error by finding that Farm Bureau’s interpleader action added unnecessary parties and awarding the statutory penalty, interest, and attorney’s fees to the Guyers pursuant to section 23-79-208. A trial court’s decision on whether to award attorney’s fees, a 12% penalty, and interest due to an insurer’s failure to timely pay benefits will not be reversed on appeal unless the trial court’s decision is clearly erroneous. S. Farm Bur. Cas. Ins. Co. v. Watkins, 2011 Ark. App. 388, 386 S.W.3d 6; Nationwide Mut. Ins. Co. v. Cumbie, 92 Ark.App. 448, 215 S.W.3d 694 (2005).

The statute at issue provides, in pertinent part, as follows:

In all cases in which loss occurs and the ... property ... insurance company ... liable therefor shall fail to pay the losses within the time specified in the policy after demand is made, the person, firm, corporation, or association shall be liable to 15pay the holder of the policy or his or her assigns, in addition to the amount of the loss, twelve percent (12%) damages upon the amount of the loss, together with all reasonable attorney’s fees for the prosecution and collection of the loss.

Ark.Code Ann. § 23-79-208(a)(l).

The allowance of the statutory penalty and attorney’s fees when an insurer, after demand, fails to pay for an insured loss within the time specified in the policy is punitive in nature and is directed against the unwarranted delaying tactics of insurers. Shepherd v. State Auto Prop. & Cas. Ins. Co., 812 Ark. 502, 850 S.W.2d 324 (1993); Nationwide Mut. Ins. Co. v. Cumbie, supra. In the present case, the insurance contract does not specify a time in which the insurer must pay on a loss following a claim. Where an agreement does not specify a time period in which action is to be taken, the losses must be paid within a reasonable time. Cumbie, supra; McHalffey v. Nationwide Mut. Life Ins. Co., 76 Ark.App. 235, 61 S.W.3d 231 (2001).

Here, the trial court found that Farm Bureau’s filing of its interpleader complaint was unreasonable because none of the named defendants, other than the Guyers and Bank of America, had any claim to the proceeds of the insurance policy. Farm Bureau argues on appeal that the trial court erred because Farm Bureau had a right to protect itself from “competing interests” in the proceeds of the insurance policy.

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386 S.W.3d 682, 2011 Ark. App. 710, 2011 WL 5562735, 2011 Ark. App. LEXIS 759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farm-bureau-mutual-insurance-co-of-arkansas-v-guyer-arkctapp-2011.