Malott v. State Farm Mutual Automobile Insurance Co.

798 N.E.2d 924, 2003 Ind. App. LEXIS 2159, 2003 WL 22745976
CourtIndiana Court of Appeals
DecidedNovember 21, 2003
Docket45A03-0301-CV-16
StatusPublished
Cited by6 cases

This text of 798 N.E.2d 924 (Malott v. State Farm Mutual Automobile Insurance Co.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Malott v. State Farm Mutual Automobile Insurance Co., 798 N.E.2d 924, 2003 Ind. App. LEXIS 2159, 2003 WL 22745976 (Ind. Ct. App. 2003).

Opinions

OPINION

BARNES, Judge.

Case Summary

Darla Malott appeals the amount of a judgment entered in her favor in an action against her uninsured motorist carrier, State Farm Mutual Automobile Insurance Company ("State Farm"). We affirm.

[925]*925Issue

The sole issue is whether the trial court erroneously instructed the jury on contract as well as tort liability principles.

Facts

On January 30, 1997, Malott was injured when the vehicle she was driving collided with a vehicle driven by John McGrath. McGrath, who undisputedly was 100% at fault for the accident, was uninsured at the time and later declared bankruptcy. Mal-ott sued McGrath and subsequently added her automobile insurer, State Farm, as a party defendant, seeking to recover under the uninsured motorist ("UM") provision of her policy. The UM limit of the policy was $100,000. State Farm paid slightly over $26,000 in medical bills for Malott and did not believe, contrary to Malott's position, that she suffered any damages from the accident beyond that amount.

A jury trial was held in November 2002 to determine the extent of the injuries and amount of damages Malott had suffered in the accident. Although McGrath was never formally dismissed from the case, he did not appear or participate in the trial. Mal-ott advanced no claim of bad faith against State Farm at trial. At the conclusion of evidence, the parties tendered proposed final instructions. At State Farm's request and over Malott's objections, the trial court instructed the jury that Malott had to prove that State Farm breached its contract with Malott, resulting in damages to her, and that it could not award damages against State Farm in excess of the UM policy limit of $100,000. The jury returned with a verdict in favor of Malott and against State Farm only in the amount of $14,000, which was in addition to the $26,000 State Farm had already paid. Judgment was entered accordingly and Malott now appeals the amount of the judgment.1

Analysis

Malott argues the trial court committed reversible error in giving the following jury instructions over her objection:

In order for the Plaintiff to recover from the Defendant, the Plaintiff must prove the following elements: Number one, that the Plaintiff and Defendant entered into a contract. Number two, that the Plaintiff performed her part of the contract. Number three, that Defendant failed to perform it's [sic] part of the contract. And number four, that the Defendant's breach of contract damaged the Plaintiff.
tome ok bok
If you find that the Defendant, State Farm, has breached the contract providing uninsured motorist benefits, the measure of the Plaintiff's damages is the sum that would put the Plaintiff in the same position she would have been in had the contract been fulfilled. The party injured by the breach may only recover the loss actually suffered and should not be placed in a better position than before the breach. In this case, Darla Malott was the beneficiary of a contract with State Farm that provided maximum uninsured motorist benefits of not more than one hundred thousand dollars per person.
As a matter of law, the amount of recoverable damages, if any, cannot exceed the limits provided for in the insurance policy in effect at the time of the accident.
In a claim for breach of contract, a party may recover only those damages that are the natural and proximate consequence of the breach, and those rea[926]*926sonably anticipated by the parties when they entered into the contract.

App. pp. 15, 18-19. The essence of Mal-ott's argument is that it was wrong to instruct the jury on contract liability principles in a trial whose main focus was the extent of her injuries and amount of damages she suffered as a result of McGrath's negligence.

A claim of error based on the giving of certain instructions is reviewed for an abuse of discretion. Aldana v. School City of East Chicago, 769 N.E.2d 1201, 1209 (Ind.Ct.App.2002), trams. de-mied. "An instruction given to the jury must be a correct statement of the law, be applicable to the evidence adduced at trial, and be relevant to the issues the jury must decide in reaching its verdict." Id. "Each party to an action is entitled to have the jury instructed upon his particular theory of the case." Id. at 1210. Additionally, jury instructions must not be considered individually, but as a whole. Id. at 1211. Parties seeking a new trial on the basis of an improper jury instruction must show a reasonable probability that their substantial rights have been adversely affected. Elmer Buchta Trucking, Inc. v. Stanley, 744 N.E.2d 939, 944 (Ind.2001).

State Farm's position at trial was that it did not breach its contract with Malott to provide UM coverage because it paid all it was required to pay when it paid $26,000 in Malott's medical bills. Malott claimed she 'suffered damages from the accident well above that amount, including additional medical bills, lost wages, and continuing pain and suffering, resulting from McGrath's negligence. Thus, as with all UM insurance recovery cases, this case was a hybrid between a contract case and a tort case. Technically, it was an action to recover for a breach of contract, but in order to do so, Malott was required to demonstrate McGrath's negligence and a causal link from the accident to her claimed damages and that those damages exceeded the amount State Farm had already paid. See Sullivan v. American Cas. Co., 605 N.E.2d 134, 139 (Ind.1992) (noting that insured may sue insurer directly to recover UM benefits if all policy requirements have been fulfilled and insured establishes the uninsured party's negligence); cf. also Brady v. Allstate Indem. Co., 788 N.E.2d 916, 922 (quoting Johnston v. State Farm Mut. Auto. Ins. Co., 667 N.E.2d 802, 806 (Ind.Ct.App.1996), trans. denied ) (addressing underin-sured motorist coverage). In other words, in the present case the jury was required first to assess the damages Malott suffered in the accident in accordance with tort law principles, and then it was required to compare this amount with the amount State Farm had actually paid and determine, under contract law principles, whether State Farm breached its contractual obligation to pay UM benefits.2

In Allstate Ins. Co. v. Hammond, 759 N.E.2d 1162, 1167 (Ind.Ct.App.2001), we held:

in a first-party action by an insured to collect uninsured motorist benefits from his or her insurer, the amount of recoverable damages cannot exceed the limits provided for in the insurance policy in effect at the time of the accident, in the absence of any claim or evidence that the insurer breached its duty of good faith and fair dealing to its insured.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
798 N.E.2d 924, 2003 Ind. App. LEXIS 2159, 2003 WL 22745976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malott-v-state-farm-mutual-automobile-insurance-co-indctapp-2003.