GuideOne Elite Insurance Co. v. Mount Carmel Ministries

676 F. App'x 269
Court of Appeals for the Fifth Circuit·Decided January 23, 2017·No. 15-60915·Unpublished·Cited by 2 cases

Opinions

PER CURIAM: *

After a tornado severely damaged properties in Hattiesburg, Mississippi, this insurance coverage dispute ensued. The district court concluded on summary judgment that coverage was in place at the time of the tornado, and then awarded damages after a four-day bench trial. The insurer appeals the district court’s conclusions that its notice of cancellation of the insurance policy was ineffective, and therefore, there was coverage at the time of the loss. The insured and its mortgage holder appeal various aspects of the district court’s damages award, as well as several evidentiary rulings. Finding no reversible error by the district court, we AFFIRM.

I. FACTS AND PROCEEDINGS

Mount Carmel Ministries, which owns and operates the Alpha Christian School in Hattiesburg, Mississippi (collectively, Mount Carmel), purchased a commercial property insurance policy, effective July 7, 2012 to July 7, 2013 (the policy), from GuideOne Elite Insurance Company (Gui-deOne). On October 2, 2012, Seaway Bank and Trust Company (Seaway), Mount Car-mel’s mortgagee, initiated foreclosure proceedings against Mount Carmel due to Mount Carmel’s default on its mortgage note. GuideOne, after learning of the impending foreclosure, sent Mount Carmel a notice canceling the policy. The notice was dated October 29, 2012, and stated an effective date of cancellation of November 20,2012—22 days later.

Mount Carmel and Seaway entered into a forbearance agreement on November 7, canceling the foreclosure sale. When Seaway discovered that GuideOne had canceled the policy, Seaway purchased force-placed coverage1 for Mount Carmel’s [272] buildings, effective January 7,2013 to February 7, 2013. On January 29, 2013, Mount Carmel asked GuideOne to reinstate the policy, but GuideOne did not immediately respond. Though Seaway allegedly informed Mount Carmel that it would continue purchasing force-placed insurance, Seaway apparently mistakenly failed to renew the coverage after February 7.

On February 10, 2013, after the force-placed coverage had expired, a tornado struck Hattiesburg, severely damaging several of Mount Carmel’s buildings. The evidence shows that the next day, Gui-deOne employees communicated amongst themselves about the tornado and Mount Carmel’s pending request for reinstatement. On February 18, GuideOne denied the request for reinstatement, explaining that the policy “was canceled on November 20, 2012.” The pastor of Mount Carmel then signed an affidavit stating that Mount Carmel had no insurance other than force-placed insurance. However, on April 22 and 23, Seaway and Mount Carmel sent GuideOne letters asserting that the cancellation of the policy was ineffective.

GuideOne then filed suit in the District Court for the Southern District of Mississippi seeking a declaration that the policy was cancelled and not in force on the date of the loss. Mount Carmel and Seaway each filed defenses and counterclaims. Each party then moved for summary judgment. Seaway and Mount Carmel argued that GuideOne’s cancellation of the policy was ineffective because it did not provide sufficient notice of cancellation under either Mississippi law or the terms of the policy.2

The district court granted Mount Car-mel’s and Seaway’s motions for partial summary judgment on the issue of coverage and partially granted GuideOne’s motion for summary judgment on the issue of punitive damages. The district court first determined that GuideOne’s notice of cancellation was ineffective under both the Mississippi statute and the policy, and therefore, the policy was in effect at the time of the tornado. The district court also found that GuideOne breached the policy by providing insufficient notice of cancellation and granted summary judgment to Seaway on its breach of contract counterclaim. However, it determined that Gui-deOne had an arguable basis for denying coverage at the time, and thus, punitive damages were not proper under Mississippi law. It accordingly partially granted GuideOne’s motion for summary judgment with respect to Mount Carmel’s counterclaims for punitive damages.

Following the court’s ruling, the parties proceeded to a four-day bench trial to determine the amount of damages. In a written order following the trial, the district court awarded Mount Carmel and Seaway $1,693,035 in damages, representing what would have been the cost to repair or replace the property roughly six weeks after the tornado, less depreciation. Mount Carmel and Seaway had sought a much higher amount to compensate for the severe deterioration in the buildings that occurred after the initial damage estimate.

Mount Carmel and Seaway appeal, challenging various aspects of the district court’s damages award. Mount Carmel [273] also appeals various evidentiary rulings. GuideOne cross-appeals the court’s determination that the notice of cancellation was ineffective and thus the policy coverage was in place at the time of the tornado.

II. STANDARDS OF REVIEW

We review the district court’s grant of summary judgment de novo, applying the same standard as the district court. Rogers v. Bromac Title Servs., L.L.C., 755 F.3d 347, 350 (5th Cir. 2014). Summary judgment is proper “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). We also review the district court’s interpretation of an insurance policy de novo. Leonard v. Nationwide Mut. Ins. Co., 499 F.3d 419, 428 (5th Cir. 2007). We review the district court’s damages award for clear error. Delahoussaye v. Performance Energy Servs., L.L.C., 734 F.3d 389, 394 (5th Cir. 2013). “To reverse for clear error, this court must have ‘a definite and firm conviction that a mistake has been made.’ ” Id. at 392 (quoting Canal Barge Co. v. Torco Oil Co., 220 F.3d 370, 375 (5th Cir. 2000)). We review the district court’s evidentiary rulings and discovery orders for abuse of discretion. Gen. Elec. Co. v. Joiner, 522 U.S. 136, 141, 118 S.Ct. 512, 139 L.Ed.2d 508 (1997). “A trial court abuses its discretion when its ruling is based on an erroneous view of the law or a clearly erroneous assessment of the evidence.” Brown v. Ill. Cent. R. Co., 705 F.3d 531, 535 (5th Cir. 2013) (quoting Knight v. Kirby Inland Marine, Inc., 482 F.3d 347, 351 (5th Cir. 2007)). Finally, we generally review the district court’s denial of prejudgment interest for abuse of discretion. Reyes-Mata v. IBP, Inc., 299 F.3d 504, 507 (5th Cir. 2002).

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GuideOne Elite Insurance Co. v. Mount Carmel Ministries, 676 F. App'x 269 (5th Cir. 2017).

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