Frye v. Southern Farm Bureau Cas. Ins. Co.

915 So. 2d 486, 2005 WL 3111938
CourtCourt of Appeals of Mississippi
DecidedNovember 22, 2005
Docket2003-CA-02372-COA
StatusPublished
Cited by10 cases

This text of 915 So. 2d 486 (Frye v. Southern Farm Bureau Cas. Ins. Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Frye v. Southern Farm Bureau Cas. Ins. Co., 915 So. 2d 486, 2005 WL 3111938 (Mich. Ct. App. 2005).

Opinion

915 So.2d 486 (2005)

Alfred FRYE, Janet Frey, Patricia Miles, Belinda Nickels, Yvonne Norman, Marshall Banks and Darrious Berry, Appellants
v.
SOUTHERN FARM BUREAU CASUALTY INSURANCE COMPANY, Mississippi Farm Bureau Mutual Insurance Company, Mississippi Farm Bureau Casualty Insurance Company, Claiborne County Farm Bureau and Jefferson County Farm Bureau, Appellees.

No. 2003-CA-02372-COA.

Court of Appeals of Mississippi.

November 22, 2005.

*488 Harry Merritt McCumber, James F. Noble, Jackson, Christopher Wayne Cofer, attorneys for appellants.

Charles G. Copeland, Rebecca Suzanne Blunden, Ridgeland, attorneys for Appellees.

Before KING, C.J., CHANDLER and ISHEE, JJ.

ISHEE, J., for the Court.

¶ 1. Alfred Frye, Janet Frey, Patricia Miles, Belinda Nickels, Yvonne Norman, Marshall Banks, and Darrious Berry (Appellants) filed suit against Southern Farm Bureau Casualty Insurance Company, Mississippi Farm Bureau Mutual Insurance Company, Mississippi Farm Bureau Casualty Insurance Company, and Jefferson County Farm Bureau (Farm Bureau) claiming damages for Farm Bureau's involvement in a statewide fraudulent scheme in its sale of automobile disability income coverage. The Circuit Court of Jefferson County denied the Appellants' third motion for continuance and granted summary judgment in favor of Farm Bureau, pursuant to Rule 56 of the Mississippi Rules of Civil Procedure. The complaint was dismissed with prejudice. From this decision, the Appellants timely appealed.

FACTS

¶ 2. The Appellants in this case asserted several causes of action based on their purchase of automobile insurance policies from Farm Bureau. The automobile insurance policies in question contained automobile disability income coverage, which was an optional coverage offered by Farm Bureau at a cost of $3 per six month policy period. The automobile disability income coverage provided for a daily monetary payment ranging from $7 to $20, depending on various factors. To trigger the monetary payments, the named beneficiary must suffer "continuous total disability resulting directly, and independently of all other causes, from bodily injury caused by automobile accident, and sustained while occupying any motor vehicle."

¶ 3. Each of the Appellants was the named insured on one or more automobile insurance policies purchased from Farm Bureau that contained automobile disability income coverage. Throughout the life of the policies, Farm Bureau sent each of the Appellants a copy of their policies, numerous declaration pages, and numerous renewal notices. The record shows that none of the Appellants ever asserted a claim for benefits under the automobile disability income coverage, nor were any of the Appellants ever disabled in an automobile accident.

¶ 4. On December 30, 2002, the Appellants filed their initial complaint against Farm Bureau. The complaint alleged that Farm Bureau engaged in a statewide fraudulent scheme by selling automobile insurance policies that contained automobile disability income coverage. The Appellants further alleged that Farm Bureau knew that the policy holders of this automobile disability income coverage would not know of its "inadequate, unnecessary and `phantom' nature and that the actual *489 loss experience for this coverage would be minimal, if non-existent." The Appellants' claims against Farm Bureau amount to tortious breach of contract, breach of good faith and fair dealing, breach of fiduciary duties, and fraud. The attorneys in the instant case previously filed Banks et al. v. Southern Farm Bureau Casualty Insurance Company et al., No.2003-CA-02371-COA on October 8, 2002. The subject matter and claims in Frye were identical to those in Banks, and for discovery purposes, Fyre and Banks were treated as companion cases.

¶ 5. A status hearing was held on May 12, 2003, and the circuit court set the case for trial on October 8, 2003. On May 29, Farm Bureau filed a motion for summary judgment. The Appellants subsequently filed a motion for extension of time to respond to the motion for summary judgment on June 6. A hearing on these motions was held on June 16, and the court granted the Appellants an additional thirty days to file a response. On July 1, the Appellants sent a letter to Farm Bureau that contained a series of interrogatories with requests for production of documents. Farm Bureau responded to these interrogatories on July 8. On July 16, the Appellants filed another motion for extension of time in which to respond. The Appellants urged that more time was needed for their experts to review the multitudinous documents produced by Farm Bureau in response to the July 1 request.

¶ 6. On July 23, Farm Bureau filed a response in opposition to further continuance. Farm Bureau argued that the Appellants' inability to respond to the motion for summary judgment was not due the need for further discovery, but to the Mississippi law imputing knowledge of the terms of insurance polices to the policyholders. Farm Bureau further claimed that the Appellants failed to meet the specificity requirements of Rule 56(f) of the Mississippi Rules of Civil Procedure, as they failed to present a single fact or area of inquiry that would create a genuine issue of material fact and preclude summary judgment. Moreover, Farm Bureau argued that the Appellants' motion for continuance should be denied because their own delay caused their alleged need for discovery.

¶ 7. On August 8, 2003, the Appellants sent a 30(b)(6) notice to Farm Bureau via a facsimile. A pre-trial hearing was held on August 11, 2003, during which the court granted the Appellants an extension until August 15 to submit an affidavit in compliance with Rule 56(f) of the Mississippi Rules of Civil Procedure. The court explained that the affidavit should outline the importance and materiality of the information that has allegedly not been discovered, or the information not yet developed by the Appellants' experts. The court further instructed the Appellants to include the reasons, as a matter of law, that the information sought could potentially defeat Farm Bureau's motion for summary judgment.

¶ 8. On August 15, the Appellants filed a response to Farm Bureau's motion for summary judgment and motion for continuance. In their third motion for continuance, the Appellants charged Farm Bureau with deliberate obstruction of the discovery process and claimed that the additional time granted by the court for discovery had been a "lesson in futility." The Appellants responded to the motion for summary judgment stating that genuine issues of material fact existed in light of the substantial discovery to be completed, namely: the outstanding corporate 30(b)(6) depositions that had been noticed, and Farm Bureau's refusal to produce documents relevant and responsive to the *490 interrogatories and requests sent on July 1.

¶ 9. On August 26, Farm Bureau filed a rebuttal to the Appellants' response to the motion for summary judgment and motion for continuance, insisting that it went to great lengths to ensure that any requested documents were produced. Farm Bureau further argued that the Appellants lacked diligence, and that they failed to explain why the documents sought were material to the legal issues raised in the motion for summary judgment. Moreover, Farm Bureau alleged that summary judgment was appropriate because the Appellants had not produced significant probative evidence showing that there were genuine issues for trial.

¶ 10. The court below entered a memorandum opinion and order on September 29, 2003.

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Bluebook (online)
915 So. 2d 486, 2005 WL 3111938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frye-v-southern-farm-bureau-cas-ins-co-missctapp-2005.