Miller v. Gunckle

775 N.E.2d 475, 96 Ohio St. 3d 359
CourtOhio Supreme Court
DecidedOctober 2, 2002
DocketNo. 2001-0165
StatusPublished
Cited by61 cases

This text of 775 N.E.2d 475 (Miller v. Gunckle) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Gunckle, 775 N.E.2d 475, 96 Ohio St. 3d 359 (Ohio 2002).

Opinions

Douglas, J.

{¶ 1} According to the amended complaint in this action, Allen J. Miller, a minor, was crossing the street in October 1996 to reach his bus stop. As he crossed the street he was struck by a speeding vehicle driven by Kevin Gunckle, an uninsured motorist. As a result of the accident, Allen Miller suffered permanent injuries to his head, legs, back, arms, and other parts of his body.

{¶ 2} On January 24, 1997, Allen Miller, through his mother and next friend, Carol Miller, and father, John Miller, appellants, filed an action against Gunckle. Appellants also named State Automobile Insurance Company, appellee, as a defendant for purposes of recovering uninsured motorist benefits. At the time of the accident, appellants had, in force and effect, a policy of insurance through appellee which included up to $300,000 in uninsured motorist coverage.

{¶ 3} On March 11, 1998, the trial court informed the parties that Gunckle had filed for bankruptcy and that the trial court had, therefore, ordered a stay in the proceedings against Gunckle. However, the trial court ordered the case to proceed against appellee. On April 27, 1998, the United States Bankruptcy Court for the Southern District of Ohio discharged all claims against Gunckle.

{¶ 4} On September 3, 1998, the trial court ordered the case to mediation. The parties failed to reach an agreement through the court-appointed mediator. The parties then agreed to submit the dispute to arbitration pursuant to Loc.R. 4.02 of the Common Pleas Court of Butler County, and an arbitration panel was selected.

{¶ 5} On December 14, 1999, the arbitration panel awarded appellants $275,000 in damages plus ten percent interest on the award from October 14, 1996, the date of the accident. On December 21, 1999, appellee sent a letter to the arbitration panel asking the panel to reconsider the award of prejudgment interest on the basis that the panel was not vested with authority to determine the issue of interest. Appellee contended that only the trial court had authority to determine when and if prejudgment interest accrued. Appellee also asserted that it had no obligation to pay prejudgment interest because there was no “judgment” to which interest could attach. Appellee alternatively argued that interest should be calculated from the date that the trial court enters judgment. On January 4, 2000, the arbitration panel, in response to appellee’s letter seeking reconsideration, issued a second award. The panel again awarded appellants $275,000 in damages plus ten percent interest; however, the panel deferred to [361]*361the trial court the determination as to when the prejudgment interest began to accrue.

{¶ 6} On January 10, 2000, appellants filed a motion with the trial court for an award of prejudgment interest or in the alternative to affirm the first arbitration award. Appellants argued that the panel did not have authority to reconsider the first award and that appellants were entitled to prejudgment interest from the date of the accident, pursuant to Landis v. Grange Mut. Ins. Co. (1998), 82 Ohio St.3d 339, 695 N.E.2d 1140. The trial court confirmed the panel’s award of $275,000 in damages. However, the court vacated the panel’s award of prejudgment interest. The trial court indicated that the panel had exceeded its authority by considering the issue of prejudgment interest since any consideration applying R.C. 1343.03, the prejudgment interest statute, is a determination for the court and not an arbitration panel. In reaching its own decision on the issue of prejudgment interest, the trial court adopted a bright-line rule, as set forth in Bowman v. Progressive Cas. Ins. Co. (1999), 136 Ohio App.3d 259, 736 N.E.2d 502, for determining the accrual of prejudgment interest. Bowman held that in cases where an insured’s damages are more than the insurance policy limit; prejudgment interest accrues from the date of the accident, and, in cases where the insured’s damages are less than the policy limit, prejudgment interest should generally not be awarded. Thus, the trial court ruled that appellants, whose damages were less than their policy limit, were not entitled to prejudgment interest. The trial court did award what appears to be postjudgment interest and ruled that such interest should be assessed from the date of the first arbitration award. Appellants appealed the trial court decision to the Court of Appeals for Butler County.

{¶ 7} The court of appeals affirmed in part and reversed in part the judgment of the trial court, and remanded the cause. The court of appeals initially determined that the trial court erred by recognizing the panel’s second award because the panel had no authority to reconsider its initial award. However, the court of appeals further found that although appellee, by sending a letter to the panel asking for reconsideration, violated Loc.R. 4.02(e)1 of the Common Pleas Court of Butler County and R.C. 2711.13,2 the trial court did not err in vacating [362]*362the arbitrators’ original award of interest because the arbitration panel was without authority even to consider, let alone award, prejudgment interest. Finally, the court of appeals found that the trial court’s reliance upon Bowman was misplaced. Instead, the court of appeals, even though the trial court did not award prejudgment interest, established its own bright-line rule regarding the accrual date of prejudgment interest in cases involving an insured’s uninsured motorist claim against the insurer. The court of appeals determined that interest should accrue from the date of injury, which, in a cause of action based on uninsured motorist coverage, is the date when the insured makes an uninsured motorist claim to the insurer. Accordingly, the court of appeals, in reversing the judgment of the trial court, found that prejudgment interest accrued on the date when appellants first presented their uninsured motorist coverage claim to appellee. In addition, the court of appeals held that the total amount of damages awarded plus prejudgment interest may not exceed an insured’s policy limit. Appellants appealed the judgment of the court of appeals.

{¶ 8} This case is now before this court upon our allowance of a discretionary appeal.

{¶ 9} We are presented with three issues for our determination. The first issue is whether an arbitration panel, and more specifically this arbitration panel, has the authority to award prejudgment interest. We find that such authority exists. The second issue is whether the arbitration panel had authority to reconsider its first award and issue a second award. We find that it did not. The third issue is whether a dollar amount awarded as prejudgment interest pursuant to R.C. 1343.03(C), when added to the dollar amount awarded as damages for the personal injury, may lawfully exceed the limit of the insured’s uninsured motorist policy. We answer this query in the affirmative. Accordingly, we reverse the judgment of the court of appeals.

{¶ 10} “For a dispute resolution procedure to be classified as ‘arbitration,’ the decision rendered must be final, binding and without any qualification or condition as to the finality of an award.” Schaefer v. Allstate Ins. Co. (1992), 63 Ohio St.3d 708, 711, 590 N.E.2d 1242.

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Bluebook (online)
775 N.E.2d 475, 96 Ohio St. 3d 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-gunckle-ohio-2002.