Haapanen v. Bogle

643 So. 2d 547, 1994 Ala. LEXIS 100, 1994 WL 63450
CourtSupreme Court of Alabama
DecidedMarch 4, 1994
Docket1920596
StatusPublished
Cited by2 cases

This text of 643 So. 2d 547 (Haapanen v. Bogle) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haapanen v. Bogle, 643 So. 2d 547, 1994 Ala. LEXIS 100, 1994 WL 63450 (Ala. 1994).

Opinion

COOK, Justice.

Timo Haapanen, individually and as father and next friend of his son, Timo Haapanen, a minor, appeals from summary judgments granted in favor of Emmett Godfrey, president of Underwriting Services of Alabama, Group Department; American Insurance Services Corporation; and George Bogle, individually and as president of American Insurance Services Corporation. Those summary judgments were against Haapanen’s claims alleging negligent or wanton placement of insurance coverage, conspiracy to defraud, and misrepresentation. We affirm.

Haapanen sued Charlotte Davey; Trammel, Harper & Williams, Inc.; Hermitage Life Insurance Company; Keystone Life Insurance Company; Mid-South Life Insurance Company (the company that acquired most of Keystone’s business when it went into receivership); George Bogle, individually and as president of American Insurance Services Corporation; American Insurance Services Corporation; Emmett Godfrey; The Liberty Group; Milt Wilkinson (president of The Liberty Group); and several other defendants not pertinent to this appeal. He alleged misrepresentation, wantonness, breach of contract, conspiracy to defraud, negligent placement of insurance, and bad faith failure to pay an insurance claim. The trial court entered a summary judgment in favor of Mid-South Life Insurance in 1989, and this Court affirmed that judgment with regard to the bad-faith-failure-to pay claim, but reversed it with regard to the claims of breach of contract and conspiracy to defraud. See Haapanen v. Mid-South Insurance Co., 564 So.2d 894 (Ala.1990). After several attempts to clarify the pleadings, the trial court then entered summary judgments in favor of George Bogle, American Insurance Services Corporation, and Emmett Godfrey on all counts against them. The other defendants settled with the plaintiff and are not parties to this appeal.

Facts

On May 10, 1986, young Timo Haapanen was involved in an automobile accident that rendered him severely physically and mentally disabled. He was insured under a group policy known as a Double Eagle II policy, which his father had purchased in July 1985. The father had purchased it through Charlotte Davey, an agent of Trammel, Harper & Williams, Inc. In order to purchase the group policy, Haapanen paid a $15.00 fee to join the American Association of Consumer Awareness. He paid that fee when he applied for coverage in the amount of $1,000,-000. Initially, Haapanen’s coverage was placed with Hermitage Health and Life Insurance Company; however, the Double Eagle II group policies issued by Hermitage were later moved to Keystone Life Insurance Company, which was not licensed to do business in Alabama. Timo’s accident occurred after the coverage had been moved to Keystone. Keystone paid Mr. Haapanen $400,-000 as a result of Timo’s accident but thereafter notified the father that it was terminat-[549]*549mg his coverage effective December 31,1986. Keystone further notified the father that, pursuant to the contract, coverage would continue for 90 days after notification for persons totally disabled. Although the insurance was ultimately extended for 6 months, the third-party administrator again moved coverage of the Double Eagle II policies to Mid-South Insurance, and that company became the new underwriter for policies in effect as of January 1, 1987. Mid-South considered the Haapanen insurance terminated as of December 31, 1986, despite the extension, and refused to continue it. See Haapanen v. Midr-South Insurance Co., 564 So.2d 894 (Ala.1990), for this Court’s rationale with regard to the Haapanens’ claims against Mid-South.

Because this action was filed before June 11, 1987, we must apply the scintilla rule in reviewing these summary judgments. Ala.Code 1975, § 12-21-12. In the earlier Haapanen appeal, we explained the scintilla rule in relation to a summary judgment motion:

“‘The purpose of the motion for summary judgment is to test the sufficiency of the evidence to determine if any real issue exists.’ Garrigan v. Hinton Beef & Provision Co., 425 So.2d 1091, 1093 (Ala.1983). ‘The party moving for summary judgment bears the heavy burden, of clearly showing: (1) that there is no genuine issue as to any material fact; and (2) that because there is no factual controversy, the movant is entitled to a judgment as a matter of law.’ Tripp v. Humana, Inc., 474 So.2d 88, 90 (Ala.1985); Rule 56(c), A.R.Civ.P. In other words, ‘[i]f there exists a mere gleam, glimmer, spark, the least bit, the smallest trace’ of evidence or an inference therefrom that supports the plaintiffs’ claims, a summary judgment must be reversed. (Footnote omitted).”

Haapanen v. Midr-South Insurance Co., supra, at 897.

Negligent or Wanton Placement of Insurance

The father contends that Bogle and Godfrey negligently or wantonly placed his insurance with Hermitage and/or Keystone. He contends that Bogle and Godfrey, through their marketing scheme, provided materials that ultimately resulted in his selection of Hermitage as his insurance carrier. He further argues that the representations made by Bogle and Godfrey to others in the marketing chain regarding the stability of Keystone caused him to remain with that company once it became the carrier for the Double Eagle II policies.

George Bogle is the president of American Insurance Services Corporation, a national marketer of insurance policies. In one of his affidavits offered in support of a motion for summary judgment, Bogle conceded that he and his agency were involved in the distribution of brochures and applications regarding the Double Eagle II policy that was ultimately sold to Mr. Haapanen. He stated that American Insurance Services Corporation distributed the materials to Emmett Godfrey of Underwriting Services, who in turn distributed materials for group health policies to licensed insurance agents. Trammell, Harper & Williams received this information, and Charlotte Davey of Trammell, Harper & Williams ultimately sold the insurance policy to Mr. Haapanen.

The evidence indicates that Bogle and Godfrey did not know Mr. Haapanen, and, although Bogle and Godfrey distributed applications and brochures regarding the Double Eagle II policies, there is no evidence that they were responsible for placing Mr. Haapanen’s insurance coverage with Hermitage. Charlotte Davey initially placed Mr. Haapanen’s coverage with Hermitage after Mr. Haapanen and Davey had reviewed several policies. Bogle and Godfrey distributed information on the Double Eagle II policy; however, they did not place Mr. Haapanen’s insurance and, therefore, cannot be liable to him for negligent or wanton placement of his insurance coverage with Hermitage.

With regard to Keystone, Bogle stated by an affidavit, which was undisputed, that he was not involved in the administrative decisions regarding the Double Eagle II coverage purchased by Haapanen. He further stated in a deposition, which was undisputed, that he was told about such administrative [550]*550changes as moving coverage from Hermitage to Keystone only after they had occurred.

Bogle and Godfrey point out that Hermitage was licensed by the commissioner of insurance to do business in Alabama and their deposition testimony supports their position that it was Hermitage and not Bogle or Godfrey who made the decision to terminate coverage of the Double Eagle II policies. In a letter to producing agents, the third-party administrator, The Liberty Group, stated the following on June 14, 1985:

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643 So. 2d 547, 1994 Ala. LEXIS 100, 1994 WL 63450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haapanen-v-bogle-ala-1994.