Johnson v. Pilgrim Mutual Insurance

11 Pa. D. & C.3d 676, 1978 Pa. Dist. & Cnty. Dec. LEXIS 52
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedNovember 6, 1978
Docketno. 2668
StatusPublished

This text of 11 Pa. D. & C.3d 676 (Johnson v. Pilgrim Mutual Insurance) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Pilgrim Mutual Insurance, 11 Pa. D. & C.3d 676, 1978 Pa. Dist. & Cnty. Dec. LEXIS 52 (Pa. Super. Ct. 1978).

Opinion

BULLOCK, J.,

Plaintiffs in this case are a fire adjustment company and owners of three properties which were damaged by fire, whom the adjustment company represented. Ms. Ruby Johnson owned a home at 2208 N. Colorado Street, Philadelphia, which suffered a fire on September 28, 1977. Mr. Henry Jenkins and Mrs. Lillian Jenkins owned a property at 4638 Hedge Street, Philadelphia, which was damaged by fire on January 12, 1978. Ms. Rosalie Reynolds owned a property at 2223 Madison Square, Philadelphia, which was burned on February 13, 1978. Mr. Andrew Dennis lived with Ms. Reynolds and owned personalty on the premises. All individual plaintiffs were insured with defendant, Pilgrim Mutual Insurance Company.

[678]*678The complaint herein complained essentially that defendant was refusing to pay just claims because of the participation of plaintiff adjustment company and that it was interfering with the contractual relationship between the adjustment company and the other plaintiffs by discouraging individual plaintiffs from using the adjustment company and by attempting to deal directly with individual plaintiffs despite the representation of the adjustment company. Compensatory and punitive damages were requested, as well as equitable relief. On June 13,1978, this court entered an order awarding both equitable relief and damages. Defendant excepted to the fact that the order was not in the form of an adjudication. The notes of testimony having been filed recently, we are now filing the within adjudication. We also note that plaintiff filed exceptions to the said order.

We believe the evidence substantiated the contentions of plaintiffs. We find the facts as we recite them hereinafter. With respect to the Johnson fire, defendant, shortly after the fire, sent Mr. Steven Dennis, an unlicensed contractor, to see Ms. Johnson. Mr. Dennis gave defendant a figure for which he would do the work, but was never authorized to proceed. When the adjustment company was engaged on or about October 12, 1977, it sought an itemized estimate of repairs from defendant, but one was never forthcoming.

With respect to the Jenkins fire, the owners engaged plaintiff adjustment company after defendant failed to do anything within two weeks after the fire. About a month after the fire, a representative of the adjustment company and a representative of defendant examined the premises. Thereafter, defendant offered $950 for the contents and nothing [679]*679for the building on the ground that the Jenkins did not own the building (a claim dropped after litigation was filed). Defendant sent to the Jenkins a check for $950 and a handwritten release relating to both building and contents. They turned these papers over to the adjustment company, which complained about the form of release. About this time they received a call from someone purporting to be Mr. Harry Iezzi, head of defendant’s claim adjustment division, advising them they did not need to use the adjustment company. However, a second release and a check for $950 were thereafter sent to the adjustment company; again the release related to all claims from the fire. The release was not returned or the check cashed. Thereupon defendant sent an insurance agent to the Jenkins with a check for $403.92, representing a return of premiums on the realty and a release of claims as to the fire. The parties refused to sign.

With respect to the Reynold s-Dennis fire, a representative of defendant did not visit the insureds until about a month after the fire, by which time they had engaged the adjustment company. Sometime thereafter, a representative of defendant and a representative of the adjustment company appeared and inspected the property. No offer to pay for either property damage or contents was made. On or about March 9,1978, Ms. Reynolds received a letter from defendant, signed by Mr. Iezzi, dated March 9, 1978, addressed to “Dear Customer” and stating, inter aha, “We are experiencing delay in adjusting a settlement on your fire claim at this time. Delay is due to an independent adjuster handling your claim,” and discouraging the use of an adjuster.

We note that attached to the policy given to Ms. [680]*680Ruby Johnson was a pink card stating as follows:

“CAUTION:
“DO NOT SIGN ANY PAPERS OR BE MISLED by any outside parties asking you to sign any papers regarding, or in reference to any FIRE OR EXTENDED COVERAGE CLAIM due you on this policy.
“Any benefit or value payable under this policy can be obtained, without help or alleged influence of outside parties, through the Home Office of the Company. There is no need to pay anyone a fee for alleged services in collecting any sum which is rightfully due you. The Company wishes to pay every claim without delay and any representative of the Company will be glad to render assistance without cost to you.
“For your own protection, deal only with one of the following Company rpresentatives.”

The appropriate proofs of loss were filed in all cases by the adjustment company. They were itemized and based on the figures of experienced adjusters. We are convinced, however, that with respect to none of these claims, did defendant make a reasonable effort to determine the fair value of the losses or to base an offer of settlement on any such figures. For example, Mr. Jasper, on behalf of defendant, went over the personalty loss of plaintiff Johnson and offered her $1,500 in settlement. When asked what his itemization came to, he was unable to answer. Plaintiffs counsel had to add up Mr. Jasper’s figures which came to about $3,300. Mr. Iezzi, defendant’s claims manager, apparently went around with checkbook in hand and made offers based on what the traffic would accept.

We conclude that defendant in this case never [681]*681made a good faith effort to settle the three claims and that the failure to do so was primarily a means to discourage the use by the individual plantiffs of an adjustment company. We note that defendant does not even claim that the adjustment company was unreasonable in its negotiation. What negotiation there was was between Mr. Ira Straff, of the adjustment company and Mr. Iezzi of defendant. Mr. Iezzi complained that Mr. Straff gave him a “hassle.” Mr. Iezzi explained this as follows:

“BY THE COURT:
Q. Let me interrupt you. When you say, sir, that Mr. Straff was giving you a hassle, what exactly do you mean by that?
A. Because of my phone conversations with him, he became quite belligerent, cursing at me a couple of times and saying that I was to go and take my high blood pressure pills, and different derogatory — there just seemed to be a constant hassle.
Q. Did you feel that he made any unreasonable requests of you?
A. They weren’t unreasonable, but it was the way that they were presented — the way that he more or less made you feel that you were nothing or just a scum.”

We do not believe that Mr. Iezzi’s approach was that of a reasonable person acting in good faith. We believe that after victimizing plaintiffs, he was attempting to appear as a victim himself. Moreover, we heard Mr. Straff testify at length. We do not believe that he cursed Mr. Iezzi or was belligerant, though we can assume he was frustrated.

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Bluebook (online)
11 Pa. D. & C.3d 676, 1978 Pa. Dist. & Cnty. Dec. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-pilgrim-mutual-insurance-pactcomplphilad-1978.