Hillman v. Nationwide Mutual Fire Insurance Co.

855 P.2d 1321, 1993 Alas. LEXIS 58
CourtAlaska Supreme Court
DecidedJuly 9, 1993
DocketS-4555
StatusPublished
Cited by52 cases

This text of 855 P.2d 1321 (Hillman v. Nationwide Mutual Fire Insurance Co.) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hillman v. Nationwide Mutual Fire Insurance Co., 855 P.2d 1321, 1993 Alas. LEXIS 58 (Ala. 1993).

Opinions

OPINION

MATTHEWS, Justice.

John and Janet Hillman sued their insurer, Nationwide Mutual Fire Insurance Company (Nationwide), for bad faith in the handling of their uninsured motorist claim filed after the death of their daughter. The superior court granted Nationwide’s motion to dismiss the claim, concluding that the insurer’s decisions to deny coverage and to demand arbitration were reasonable. The Hillmans appeal this decision along with the trial court’s designation of Nationwide as the prevailing party for attorney’s fee purposes. We affirm on the merits but reverse the award of attorney’s fees.

I. FACTS AND PROCEEDINGS

On August 14, 1983, while driving an ATV owned by her father, eleven-year old Julie Hillman collided with an uninsured pickup truck driven by William Amis. Julie died six days later as a result of her injuries.

Nationwide had issued an automobile insurance policy to Julie’s father, John Hill-man, which provided uninsured motorist coverage up to $25,000 per person or $50,-000 per occurrence. However, when on August 10, 1984, Janet Hillman, Julie’s mother, contacted Nationwide to inquire about coverage and claim procedures, Mau-ry Hafford, Nationwide’s local adjustor, indicated that Nationwide had no liability. This denial was based on one of the “coverage exclusions” in the uninsured motorist section.1 On February 7, 1985, after further inquiries by Mrs. Hillman, Hafford referred the claim to Nationwide’s legal counsel in order to “clarify this issue of coverage for your understanding and satisfaction,” as he wrote Mrs. Hillman. When, in late March 1985, Nationwide’s attorney informed Hafford that “the question of coverage appears to be a roughly 50/50 proposition,” Hafford wrote Hillman “seeking ... further details with regard to Julie’s accident.” However, he did not relay the attorney’s opinion to Mrs. Hillman.

On April 1, 1985, the Hillmans filed a complaint against Nationwide for bad faith. The following month Nationwide offered the Hillmans $50,000 as a “compromise payment.” The Hillmans rejected the offer, claiming that they were entitled to $150,000 under the insurance policy, plus medical benefits, incidental, consequential, and punitive damages.

The following April Judge Katz granted Nationwide’s motion for summary judgment and dismissed the Hillmans’ claims. The Hillmans appealed the decision.

[1323]*1323On July 1, 1988, this court held that the Hillmans were covered by the Nationwide policy. Hillman v. Nationwide Mut. Fire Ins. Co., 758 P.2d 1248, 1250 (Alaska 1988) (Hillman I). We agreed with Nationwide’s interpretation of the contractual language. However, a majority of the court refused to give effect to the uninsured owned motor vehicle exclusion contained in the policy for statutory and public policy reasons. Id. at 1251-52.

Once coverage was established, Nationwide chose to pursue the arbitration procedure mandated by the policy for determining liability.2 Arbitration was held on January 30, 1989. The arbitrators concluded that Amis was 33% at fault with regard to the claims related to Julie’s estate. As for John and Janet’s claims for negligent infliction of emotional distress, the panel agreed that Amis’ negligence accounted for 15% of the harm. The arbitrators awarded $92,-500 to the Hillmans. Two weeks later Nationwide paid the Hillmans $50,000, the maximum amount of the uninsured motorist coverage provided by the policy.3

Following arbitration, the Hillmans’ bad faith litigation began anew. On June 21, 1990, Judge Michalski granted Nationwide’s motion for partial summary judgment, dismissing the bad faith claims associated with Nationwide’s denial of coverage and decision to arbitrate.

After several pre-trial motions, Judge Mi-chalski reconsidered an earlier ruling and granted Nationwide’s motion for summary judgment on the remaining bad faith claims.4 Dismissal of the claims was based on Judge Michalski’s belief that the Hill-mans failed to demonstrate that they could show damages. After issuing the Final Judgment, the superior court identified Nationwide as the prevailing party and awarded costs and partial attorney’s fees in the amount of $154,899.57.

This appeal followed.

II. DISCUSSION

A. Dismissal of the Hillmans’ Bad Faith Claims

1. Denial of Coverage

In State Farm Fire & Casualty Co. v. Nicholson, 777 P.2d 1152 (Alaska 1989), we held that insurance companies could be liable for the tort of bad faith in so-called “first-party” cases — cases in which insureds seek compensation from their own insurers for losses which they have suffered. Id. at 1156.

We had no occasion to comprehensively define the elements of the tort of bad faith in a first-party insurance context in Nicholson; we have not done so in subsequent cases, see e.g., State Farm Mut. Auto. Ins. Co. v. Weiford, 831 P.2d 1264 (Alaska 1992); nor do we do so now. In recognizing the tort of bad faith in first-party cases, we aligned Alaska with those jurisdictions that have followed Gruenberg v. Aetna Insurance Co., 9 Cal.3d 566, 108 Cal.Rptr. 480, 510 P.2d 1032 (Cal.1973), apparently the first ease to apply bad faith as a tort in first-party cases.5 Gruenberg articulated the tort in a manner that seemed to require unreasonable conduct and bad [1324]*1324faith: “Accordingly, when the insurer unreasonably and in bad faith withholds payment of the claim of its insured, it is subject to liability in tort.” Gruenberg, 510 P.2d at 1038.

A similar double requirement was imposed in Noble v. National American Life Insurance Co., 128 Ariz. 188, 624 P.2d 866 (1981), another case on which we relied in Nicholson. The Arizona Supreme Court adopted the standard expressed by the Wisconsin Supreme Court in Anderson v. Continental Insurance Co., 85 Wis.2d 675, 271 N.W.2d 368 (Wis.1978):

The Anderson Court states:

To show a claim for bad faith, a plaintiff must show the absence of a reasonable basis for denying benefits of the policy and the defendant’s knowledge or reckless disregard of the lack of a reasonable basis for denying the claim. It is apparent, then, that the tort of bad faith is an intentional one....
The tort of bad faith can be alleged only if the facts pleaded would, on the basis of an objective standard, show the absence of a reasonable basis for denying the claim, i.e., would a reasonable insurer under the circumstances have denied or delayed payment of the claim under the facts and circumstances.

271 N.W.2d at 376-77.

Under the Anderson standard an insurance company may still challenge claims which are fairly debatable. The tort of bad faith arises when the insurance company intentionally denies, fails to process, or pay a claim without a reasonable basis for such action.

Noble, 624 P.2d at 868.

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855 P.2d 1321, 1993 Alas. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hillman-v-nationwide-mutual-fire-insurance-co-alaska-1993.