Hollock v. Erie Insurance Exchange

842 A.2d 409, 2004 Pa. Super. 13, 2004 Pa. Super. LEXIS 28
CourtSuperior Court of Pennsylvania
DecidedJanuary 22, 2004
StatusPublished
Cited by135 cases

This text of 842 A.2d 409 (Hollock v. Erie Insurance Exchange) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hollock v. Erie Insurance Exchange, 842 A.2d 409, 2004 Pa. Super. 13, 2004 Pa. Super. LEXIS 28 (Pa. Ct. App. 2004).

Opinions

DEL SOLE, P.J.

¶ 1 Erie Insurance Exchange (Erie) filed this appeal from the judgment entered following a non-jury verdict in favor of Jean A. Holloek on her claim of insurance bad faith. See 42 Pa.C.S.A. § 8371. In its brief to this Court, Erie contends that Hollock’s evidence was insufficient to sustain a finding of bad faith, and that the court misapplied controlling caselaw, entered the verdict in opposition to the weight of the evidence, and granted excessive punitive damages. Upon review, this Court listed the matter for consideration by an en banc panel and asked the parties to brief and argue the impact of State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408, 123 S.Ct. 1513, 155 L.Ed.2d 585 (2003), regarding the award of punitive damages. Following a careful examination of the briefs filed by the parties as well as the amici curiae briefs filed in support of both parties’ positions, we conclude that Erie has failed to demonstrate reversible error. Accordingly, we affirm the judgment of the trial court.

¶ 2 Holloek was a named insured under a policy of automobile insurance issued by Erie effective March 22, 1992, for a period of one year. Hollock’s limit of coverage was $500,000 per personal,000,000 per accident, and her policy included uninsured/underinsured (UM/UIM) motorist benefits. On June 8, 1992, Holloek was [412]*412struck from behind and injured by a third-party driver. As a result of the collision, Holloek suffered cubital tunnel syndrome, which impaired motor control in her dominant hand and arm, affecting her ability to perform the clerical job at which she was employed. Although Holloek underwent surgery to correct the condition, she did not achieve a complete recovery and remained unable to carry out some aspects of her job. Erie paid Hollock’s claims for first-party medical benefits and Holloek, through counsel, then sought compensation from the third party’s insurance carrier, Allstate. With Erie’s consent, Holloek eventually settled her liability claim for an amount under Allstate’s $100,000 coverage limit.

¶ 3 Thereafter, on March 5, 1996, Hol-lock’s counsel provided Erie written notice of a UIM claim under her own policy, and two days later, Erie assigned the claim to adjuster Kirk Space. In correspondence, Holloek’s counsel enclosed an old declaration sheet which reflected only $250,000 in UIM coverage. Space did not advise counsel as to the correct coverage amount of $500,000 and misled counsel to believe that the coverage was only $250,000 during the relevant time period. Upon receipt of this claim, Space preliminarily established the reserve value of Hollock’s claim at only $30,000, which acted to “reserve” or set aside that amount of funds as sufficient to pay all losses on the claim. Space then requested, and Holloek provided, information necessary to evaluate her injury, including her medical records and projection of lost wages, which exceeded $100,000. Space did not, subsequently, request an independent medical examination or investigate Hollock’s wage loss claim. Although Erie’s first-party adjuster had accepted a causal relationship between Hollock’s injuries and her 1992 accident and paid her first-party claims for medical care, Space declined to recognize her claim for UIM benefits, citing a lack of causation.

¶4 Fourteen months later, on May 1, 1997, Space first requested a written demand from Hollock’s counsel. Within approximately one week, counsel responded with documentation of Hollock’s injury in the form of medical records and bills, deposition transcripts, and reports of Hol-lock’s projected wage loss, and presented a settlement demand for $450,000. Erie rejected counsel’s demand and secretly obtained a private investigator to place Hol-lock under surveillance. On July 14, 1997, Erie made its only offer to settle the claim in the amount of $30,000, consistent with the reserve Space established prior to Hol-lock’s documentation of her injury and loss. Holloek rejected Erie’s offer and the parties proceeded to contract arbitration. Following review of the parties’ evidence, the arbitrators entered a gross award for Holloek of $865,000, well in excess of Hol-lock’s policy limits and approximately 29 times the amount of Erie’s settlement offer. Thereafter, Erie tendered payment up to its policy limit.

¶ 5 Holloek then commenced this bad faith action based on Erie’s failure to investigate, process and satisfy her claim within a reasonable time following her notice of claim in March 1996. In her complaint, Holloek alleged that Erie had engaged in dilatory and abusive claims handling by, inter alia, failing to schedule timely medical examinations, asserting defenses without a reasonable basis in fact, forcing the plaintiff to arbitratioh on a clear claim and then delaying the arbitration hearing, and retaining defense-oriented experts to provide biased opinions not supported by evidence. Holloek also alleged that Erie had attempted to “low-ball” her in settlement negotiations.

¶ 6 In December 2001, Hollock’s bad faith claim proceeded to a non-jury trial [413]*413before the Honorable Peter Paul Olszew-ski, Jr., in the Court of Common Pleas of Luzerne County. Following an extended trial, the court determined that Erie had engaged in bad faith as provided by 42 Pa.C.S.A. § 8371. Accordingly, the court awarded compensatory damages, including attorneys’ fees, of $278,825.90, and punitive damages of $2,800,000.

¶ 7 In support of its decision, the trial court provided exhaustive findings of fact and conclusions of law documenting the evidence of Erie’s conduct and demonstrating its violation of the foregoing statute. From a total of 169 findings of fact the court highlighted five that it described as “objective illustration[s] of Erie’s disingenuous attempt to handle Ms. Hollock’s UIM claim.” First, the court referred to its factual conclusion that for over a year, Space misled Hollock’s counsel regarding the correct coverage amounts. Findings of Fact and Conclusions of Law, (Findings/Conclusions), 1/7/02, at 10, ¶ 45. The court also found the $30,000 reserve was an arbitrary figure set by Space without any rational basis. Id. at 14, ¶ 62. As a third point, the trial court noted that Erie had received several pieces of information which should have caused it to reevaluate the value of the claim, yet, without any contrary medical or vocational evidence, it failed to do so. Id. at 23, ¶ 93. The court also highlighted the fact that Space failed to follow up with and intentionally ignored the information supplied by Ms. Durland, Hollock’s supervisor at work who corroborated Hollock’s claims regarding her limitations following the accident. Id. at 24, ¶ 97. As its fifth objective illustration of Erie’s “disingenuous attempt to handle Ms. Hollock’s UIM claim,” the trial court referred to Space’s inquires of Hollock made in May of 1997, as “ruse” to allow Erie time to place Hollock under surveillance and have the file submitted to an expert to challenge causation. Id. at 28-29, ¶ 110. In over 100 additional conclusions of law, the court characterized Erie’s conduct as “reckless,” and determined that the practices in which Erie had engaged contravened this Court’s holding in Terlet-sky v. Prudential Property & Casualty Ins. Co., 437 Pa.Super. 108, 649 A.2d 680 (1994). The court denied Erie’s post-trial motion and Erie filed this appeal.

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Bluebook (online)
842 A.2d 409, 2004 Pa. Super. 13, 2004 Pa. Super. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollock-v-erie-insurance-exchange-pasuperct-2004.