Hutson v. State Farm Fire & Casualty Company

954 So. 2d 514, 2007 Miss. App. LEXIS 241, 2007 WL 1121364
CourtCourt of Appeals of Mississippi
DecidedApril 17, 2007
Docket2005-CA-01742-COA
StatusPublished
Cited by2 cases

This text of 954 So. 2d 514 (Hutson v. State Farm Fire & Casualty Company) 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
Hutson v. State Farm Fire & Casualty Company, 954 So. 2d 514, 2007 Miss. App. LEXIS 241, 2007 WL 1121364 (Mich. Ct. App. 2007).

Opinion

954 So.2d 514 (2007)

Jimmy HUTSON, Appellant
v.
STATE FARM FIRE & CASUALTY COMPANY, Appellee.

No. 2005-CA-01742-COA.

Court of Appeals of Mississippi.

April 17, 2007.

*515 Lara E. Gill, Ronald Keith Foreman, John Mark Franklin, attorneys for appellant.

Samuel Huntley Williford, Reeve G. Jacobus, Ridgeland, attorneys for appellee.

Before LEE, P.J., BARNES and ISHEE, JJ.

BARNES, J., for the Court.

¶ 1. State Farm filed a complaint in the Hinds County Court as subrogee to the rights of Joy Hutson, whose husband and coinsured under a State Farm homeowner's policy, Jimmy Hutson, intentionally destroyed property covered under that policy. The county court jury rendered a verdict in favor of State Farm, and the Circuit Court of the First Judicial District of Hinds County subsequently affirmed. Aggrieved by the judgment of the circuit and county courts, Mr. Hutson now appeals, *516 asserting that the anti-subrogation rule precludes recovery by an insurer against its insured or coinsured. Finding no reversible error in the judgments below, we affirm.

SUMMARY OF FACTS

¶ 2. The modicum of facts underlying this case are essentially undisputed. Jimmy and Joy Hutson were married, but living apart, during the period of time relevant to this appeal. The Hutsons were both named insureds under a homeowners policy issued by State Farm Fire & Casualty Company ("State Farm"). This policy covered damage to the dwelling and contents of the Hutsons' marital home and was in effect on August 29, 1998, the day the property damage at issue in this case occurred. Approximately two weeks prior to this date, Mr. Hutson left the marital home and was residing apart from Ms. Hutson, who remained at the insured residence. In the interim, Ms. Hutson changed the locks on all the doors to the house to prevent Mr. Hutson from accessing the home.

¶ 3. On the night of August 29, 1998, Mr. Hutson went to Ms. Hutson's residence and, noticing that no one was there, attempted to gain access using his house key. Upon learning that the locks had been changed, Mr. Hutson kicked in an exterior door and went inside the house, damaging furniture, antiques, and other personal items belonging to Ms. Hutson. Mr. Hutson also gathered several items of Ms. Hutson's clothing, took them outside, and set them on fire. Ms. Hutson filed a claim with State Farm under the homeowners policy for the damage to the dwelling and contents of the house. Because of the pending divorce between the Hutsons and the uncertain property settlement that could result thereto, State Farm interpled the insurance proceeds into the registry of the chancery court where the divorce was pending. The chancery court determined that Ms. Hutson was entitled to the entire amount interpled by State Farm, which consisted of $2,497.81 paid for damage done to the dwelling and $4,340.76 for contents damage.

¶ 4. State Farm subsequently filed suit in Hinds County Court against Mr. Hutson as subrogee to the claim Ms. Hutson had against Mr. Hutson for the intentional destruction of her property. State Farm prayed for the entire amount of $6,838.57, representing the amounts paid for damage done to the dwelling as well as for damage done to the contents of the dwelling; the jury, however, awarded State Farm only $2,170.38, representing an amount the jury determined to be attributable to the damage done to Ms. Hutson's property, as distinguished from mutually owned property.[1] Mr. Hutson timely filed this appeal, arguing that the anti-subrogation rule prohibits an insurer from recovering from its insureds. Mr. Hutson does not dispute that he intentionally destroyed property covered under the policy, nor does he dispute that State Farm was obligated under the policy to pay Ms. Hutson's claim. Rather, Mr. Hutson contends that as a coinsured under the homeowners policy at issue, State Farm's subrogation claim against him was prohibited by the anti-subrogation rule. Finding no merit in Mr. Hutson's argument, we affirm.

STANDARD OF REVIEW

¶ 5. Whether an insurer may subrogate to the claim one insured has against a coinsured is a question of law. We *517 review questions of law, including questions regarding the construction and interpretation of subrogation clauses in insurance contracts, de novo. Capital City Ins. Co. v. Ringgold Timber Co., Inc., 898 So.2d 680, 681-82(¶ 4) (Miss.Ct.App.2004) (citing Warwick v. Gautier Utility Dist., 738 So.2d 212, 215(¶ 8) (Miss.1999)).

DISCUSSION

¶ 6. The matter before this Court appears to raise an issue of first impression in Mississippi. Particularly, whether the anti-subrogation rule would bar a subrogation claim under the facts presented is a question that has not been answered by either this Court or by the Mississippi Supreme Court. Other jurisdictions have, however, addressed similar issues in analogous circumstances. It is upon these authorities that we base our decision affirming the judgment of the courts below. In support of our decision, we will begin by discussing the general law of subrogation and whether the requirements for subrogation were met in the instant case. We will then discuss the anti-subrogation rule and the various arguments advanced by Mr. Hutson in support of his contention that the rule is applicable to the case sub judice.

I. WHETHER THE REQUIREMENTS FOR SUBROGATION WERE MET IN THIS CASE

¶ 7. Subrogation has been defined by the Mississippi Supreme Court as follows:

Subrogation is the substitution of one person in the place of another, whether as a creditor or as the possessor of any rightful claim, so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and to its rights, remedies, or securities.

Ellis v. Powe, 645 So.2d 947, 951 (Miss. 1994) (quoting St. Paul Prop. & Liab. Ins. Co. v. Nance, 577 So.2d 1238, 1240-41 (Miss.1991)). The subrogee "steps into the shoes of the subrogor" with respect to the debt or claim. Id. (citing Nance, 577 So.2d at 1241). Subrogation "is a creature of equity, and is the mode which equity adopts to compel the ultimate payment of a debt by one who, in equity and good conscience, ought to pay it." Oxford Prod. Credit Ass'n v. Bank of Oxford, 196 Miss. 50, 67, 16 So.2d 384, 388 (1944).

¶ 8. With respect to the damage caused to Ms. Hutson's property, if Ms. Hutson could have maintained an action against Mr. Hutson to recover damages, then State Farm presumptively had the right, pursuant to the subrogation clause contained in the Hutsons' homeowners policy, to "step into the shoes" of Ms. Hutson and maintain an action to recover for the claim which State Farm was obligated to pay. Mr. Hutson does not challenge the legal sufficiency of the substantive causes of action underlying the subrogation claim, nor does he challenge the factual determination reached by the jury in itemizing and segregating the claim paid by State Farm.[2] Instead, Mr. Hutson argues that the anti-subrogation rule prohibits an insurer from subrogating against an insured or coinsured, and he argues further that this rule is applicable to the instant case. For reasons that we will now discuss, we find Mr. Hutson's argument to be without merit.

*518 II. WHETHER THE ANTI-SUBROGATION RULE IS APPLICABLE TO THE FACTS OF THIS CASE

¶ 9. Although not universally referred to as the "anti-subrogation rule," the rule itself embodies a principle which is widely accepted in the area of insurance law.

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Bluebook (online)
954 So. 2d 514, 2007 Miss. App. LEXIS 241, 2007 WL 1121364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutson-v-state-farm-fire-casualty-company-missctapp-2007.