Jerrell v. Classic Insurance

541 S.E.2d 53, 246 Ga. App. 565, 2000 Fulton County D. Rep. 4113, 2000 Ga. App. LEXIS 1242
CourtCourt of Appeals of Georgia
DecidedOctober 16, 2000
DocketA00A1480
StatusPublished

This text of 541 S.E.2d 53 (Jerrell v. Classic Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jerrell v. Classic Insurance, 541 S.E.2d 53, 246 Ga. App. 565, 2000 Fulton County D. Rep. 4113, 2000 Ga. App. LEXIS 1242 (Ga. Ct. App. 2000).

Opinions

Barnes, Judge.

Michael Jerrell appeals the trial court’s grant of partial summary judgment to Classic Insurance Company and Progressive Insurance Company, subsidiaries of the Progressive Companies, in his suit against them for tortious conversion of property. Because some evidence exists in the record from which a jury could infer that the defendants acted maliciously, we reverse the trial court’s order.

On appeal from a grant of summary judgment, this Court conducts a de novo review of the record, construing the evidence and all inferences therefrom in favor of the nonmoving party. Maddox v. Southern Engineering Co., 231 Ga. App. 802, 803 (500 SE2d 591) (1998); Lane v. Spragg, 224 Ga. App. 606 (481 SE2d 592) (1997).

Viewed in this light, the record shows that on November 3,1994, Classic’s insured drove into the back end of Jerrell’s car, a 1988 Pontiac. Jerrell hit his face on the steering wheel several times and was taken to the hospital. The police towed his car to an impound lot, where Progressive inspected it and declared it a total loss. Jerrell then had the car towed to Williams Body Shop for an independent evaluation. At some point Jerrell retained an attorney to represent him on his personal injury claim, but he was negotiating the property damage claim himself.

On November 22, 1994, Classic adjuster Mark Reid notified the insurance company’s total loss unit to pick up Jerrell’s car and offered Jerrell $2,225 for the car. Jerrell wanted more money for the car, and negotiations apparently reached an impasse.

In April 1995, Jerrell went to Williams Body Shop to retrieve some personal possessions from the car and discovered that the car had been towed to Classic’s subcontractor, Sadisco, sometime previously. The body shop owner testified that, while he did not remember this particular incident, usually a salvage company calls and tells him it has the owner’s permission to remove the car, then it does so. He does not contact the owner to verify permission. Jerrell testified that he never gave permission to have the car removed and that he was still “pursuing possibilities” of repairing the car. Adjuster Reid testified that he did not know if he got permission from Jerrell to move the car; while his normal practice was to note in his computer files when he received such permission, no such note appeared in the file and he had no recollection one way or the other.

Melanie Hunter, an insurance adjuster with Classic who also handled Jerrell’s claim, testified that company guidelines provided that, once a car is determined to be a total loss, the adjuster should ask the owner for permission to move it.

[566]*566Our statement to them is, your vehicle is accruing storage where it’s located and that is if it’s at a storage-accruing location. We would like to move it to a storage free location, it’s still owned by you, it will simply sit there until the paperwork is processed and we come to an agreement. Now if it’s at their home and it’s not accruing storage, then we tell them that once we agree upon an amount and they have signed the proper documents we will be moving the vehicle.

However, Jerrell testified that Williams Body Shop was not charging him storage fees, and the body shop owner testified that he did not care how long the car stayed at his shop.

In a letter dated April 19, 1995, Jerrell’s lawyer wrote a letter to Hunter, first discussing the underlying collision and requesting information about coverage. The attorney then addressed the property claim as follows:

On a separate issue: As I assume you are aware, Progressive Insurance Company has previously taken possession of Mr. Jerrell’s wrecked car and hauled it off to who knows where — without first paying his claim and without obtaining his permission. The car had valuable personal property in it (including, for example, tools utilized by Mr. Jerrell in his computer repair business, an in-car mounting platform for a cellular phone, and various other items), which property, along with the car itself, was also wrongfully taken. These actions clearly constitute tortious conversion of Mr. Jerrell’s property. Progressive will be named as a party defendant with respect to the conversion claim. I strongly suggest that someone with Progressive contact me regarding immediately reimbursing Mr. Jerrell for the full value of the car and the various other items of personal property taken by Progressive. I might add that any claim which we assert for conversion of Mr. Jerrell’s property will include a claim for punitive damages and for expenses of litigation. Your insured’s policy limits (whatever they might be) are irrelevant to such a claim, because it will be asserted against Progressive, not [the insured], and will be based on Progressive’s own independent tortious acts. I look forward to hearing from you promptly with respect to both the policy information and with regard [to] prompt reimbursement for Mr. Jerrell’s car and the other converted property items.

Hunter responded on April 24, 1995, by sending a copy of the insured’s policy and advising Jerrell’s attorney to contact Reid, to [567]*567whom she had forwarded the letter, regarding the property settlement. Hunter testified that she was not concerned about the conversion allegations in the letter, nor did she consult with the insurance company’s in-house counsel about it. In fact, Hunter testified that she found the entire file humorous because Jerrell’s lawyer corresponded only with in-house counsel, not with her, even though the in-house lawyer acted at her direction, and she thought Jerrell had been “grossly overpaid in every aspect of the claim.”

On May 22, 1995, Jerrell’s attorney sent another letter to Hunter, noting that her supervisor indicated she would now be handling both the property and bodily injury claims.

Hunter testified that she next reviewed the file 90 days later, according to her regular schedule, and on August 23, 1995, sent the following letter to Jerrell’s attorney:

This letter is to reiterate our current offer of $2,225.00 to settle your client’s property damage claim for his 1988 Pontiac 6000. In addition to this amount, we agreed to cover $396.68 in rental charges even though the State of Georgia Laws allow us to deny rental coverage or loss of use in the case of a total loss vehicle. Sadisco Storage has recently advised me that they are currently charging $1 per day since February 22, 1995, due to the length of time this vehicle has been in storage. This letter is to advise you that if this offer is not accepted as of August 28, 1995, this $1 per day will come out of your client’s settlement amount. Please discuss this matter with your client and contact me at your earliest convenience.

On August 29,1995, Hunter sent another letter to Jerrell’s attorney, advising that Jerrell’s car would be moved to his home address on September 8, 1995, unless the parties made other arrangements. On August 30, 1995, the attorney representing Classic’s insured corresponded with Jerrell’s attorney, confirming a conversation five days earlier in which the insured’s attorney told Jerrell’s attorney where the car was located and invited Jerrell to collect from the car whatever personalty he needed.

After more letters were exchanged among the parties, Hunter sent a letter to Jerrell’s attorney on September 15, 1995, reiterating that if she did not hear from him within four days, the company would move the car to Jerrell’s home.

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Maddox v. Southern Engineering Co.
500 S.E.2d 591 (Court of Appeals of Georgia, 1998)
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535 S.E.2d 258 (Court of Appeals of Georgia, 2000)
Lamb v. State Farm Mutual Auto Insurance Companies
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389 S.E.2d 355 (Court of Appeals of Georgia, 1989)
Cullen v. Novak
411 S.E.2d 331 (Court of Appeals of Georgia, 1991)
Ford Motor Credit Co. v. Spicer
241 S.E.2d 273 (Court of Appeals of Georgia, 1977)
Lane v. Spragg
481 S.E.2d 592 (Court of Appeals of Georgia, 1997)
Keasler v. Cedar Bluff Bank
290 S.E.2d 150 (Court of Appeals of Georgia, 1982)

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Bluebook (online)
541 S.E.2d 53, 246 Ga. App. 565, 2000 Fulton County D. Rep. 4113, 2000 Ga. App. LEXIS 1242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jerrell-v-classic-insurance-gactapp-2000.