Nebraska Life & Health Insurance Guaranty Ass'n v. Dobias

531 N.W.2d 217, 247 Neb. 900, 1995 Neb. LEXIS 112
CourtNebraska Supreme Court
DecidedMay 5, 1995
DocketNo. S-93-962
StatusPublished
Cited by22 cases

This text of 531 N.W.2d 217 (Nebraska Life & Health Insurance Guaranty Ass'n v. Dobias) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nebraska Life & Health Insurance Guaranty Ass'n v. Dobias, 531 N.W.2d 217, 247 Neb. 900, 1995 Neb. LEXIS 112 (Neb. 1995).

Opinions

Caporale, J.

I. STATEMENT OF CASE

In this declaratory judgment action, the defendants-[901]*901appellants, Jerry Dobias; his wife, Anne Dobias; and their daughter, Pam Dobias, and the defendant-appellee, their attorney, John Thomas, challenge the summary judgment entered by the district court in favor of the plaintiff-appellee, The Nebraska Life and Health Insurance Guaranty Association, determining that the association is not obligated to pay the interest, costs, and attorney fees awarded the Dobiases on a judgment entered in their favor in another case. The brief filed in the Nebraska Court of Appeals asserts that the district court erred in concluding that the language of the Nebraska Life and Health Insurance Guaranty Association Act, Neb. Rev. Stat. §§ 44-2701 through 44-2720 (Reissue 1993), precludes such payment. Under our authority to regulate the caseloads of the two appellate courts, we, on our own motion, removed the matter to this court. We now affirm the judgment of the district court.

II. SCOPE OF REVIEW

Whether a declaratory judgment action is treated as an action at law or one in equity is determined by the nature of the dispute. VRT, Inc. v. Dutton-Lainson Co., ante p. 845, 530 N.W.2d 619 (1995). As resolution of the dispute here rests upon the interpretation of statutory language, the questions presented are matters of law, in connection with which we have an obligation to reach an independent conclusion irrespective of the determination made by the court below. See Rust v. Buckler, ante p. 852, 530 N.W.2d 630 (1995).

III. FACTS AND CONTENTIONS

The Dobiases were insured under a health insurance policy issued by Service Life Insurance Company of Omaha. After our determination in Dobias v. Service Life Ins. Co., 238 Neb. 87, 469 N.W.2d 143 (1991), that the expenses incurred as the result of the daughter’s injuries and which Service Life had refused to pay were covered under the policy, the Dobiases obtained a judgment against Service Life in the amount of $31,462.23 for the covered expenses, plus $9,609.34 for interest, $494.56 for costs, and $13,748.48 for an attorney fee (a total of $55,314.61).

Before payment of the judgment, Service Life became Omaha [902]*902Life Insurance Company and, as such, requested and obtained approval of a bulk reinsurance contract under which Legacy Life Insurance Company, a Nebraska insurance corporation, assumed and reinsured Omaha Life’s business.

Legacy Life thereafter became insolvent and was ordered dissolved. As of the summary judgment hearing, the liquidation of Legacy Life had not been completed, and the liquidator had neither denied nor objected to the claim for payment of all sums awarded which the Dobiases presented to the liquidator. The claim before the liquidator, however, is not before us. What is before us is the claim the Dobiases filed with the association for $55,314.61, representing the total of the sums the association had previously been awarded against Service Life. The association caused payment to the Dobiases in the amount of $31,462.33 but has refused to cause payment of the remaining sums, asserting that it is prohibited from doing so by statute.

The Dobiases urge that as interest, costs, and attorney fees were awarded pursuant to law incident to the judgment resulting from their successful prosecution of an action against their insurer, the association is obligated to cause payment of said items to them.

IV. ANALYSIS

The association’s obligation under the act being the issue before us, we recall that when asked to interpret a statute, a court must determine and give effect to the purpose and intent of the Legislature as ascertained from the entire language of the statute considered in its plain, ordinary, and popular sense. Arizona Motor Speedway v. Hoppe, 244 Neb. 316, 506 N.W.2d 699 (1993). To determine the legislative intent of a statute, a court generally considers the subject matter of the whole act, as well as the particular topic of the statute containing the questioned language. Anderson v. Peterson, 221 Neb. 149, 375 N.W.2d 901 (1985).

The stated purpose of the act is to protect resident policyowners and insureds against the failure of an insolvent or financially impaired insurer to perform its contractual obligations and to assist in the detection and prevention of insurer insolvencies. § 44-2701. The funds required to carry out [903]*903the powers and duties of the association are obtained by assessments levied against member insurers. § 44-2708. In determining premium rates and policyowner dividends, member insurers may consider the amount reasonably necessary to meet their assessment obligations under the act. § 44-2708(7). Every insurance company transacting business in Nebraska pays a tax consisting of a percentage of the gross amount of direct writing premiums received by the company during the preceding calendar year. Neb. Rev. Stat. § 77-908 (Cum. Supp. 1994).

The act applies to health insurance policies. § 44-2703. If a domestic health insurer is insolvent, the association is, subject to the approval of the director, to “[a]ssure payment of the contractual obligations of the insolvent insurer to residents.” § 44-2707(3)(b). “Contractual obligation” is defined as “any obligation under a policy or contract or portion of such policy or contract for which coverage is provided under section 44-2703.” § 44-2702(4). The act is to be construed liberally “to effect the purposes enumerated in section 44-2701 which shall constitute an aid and guide to interpretation.” § 44-2704.

We have not heretofore been called upon to determine whether under the act’s definition of contractual obligation the association is obliged to pay interest, costs, or attorney fees awarded pursuant to law on a judgment against an insolvent insurer.

However, a review of the decisions of other jurisdictions reveals that the majority of decisions which have considered the issue under statutes similar to ours holds that a guarantor such as the association is not obligated to pay such items. This is so because such a guarantor is not the legal successor of the insolvent insurer. City of Greensboro v. Reserve Insurance Co., 70 N.C. App. 651, 321 S.E.2d 232 (1984). Rather, as a statutory creation, the guarantor is only liable to the extent provided by the statute creating the guarantor. Virginia Prop, and Cas. Ins. v. Int’l Ins., 238 Va. 702, 385 S.E.2d 614 (1989); Saylin v. Cal. Ins. Guarantee Ass’n, 179 Cal. App. 3d 256, 224 Cal. Rptr. 493 (1986);

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NEB. LIFE INS. GUAR. ASS'N v. Dobias
531 N.W.2d 217 (Nebraska Supreme Court, 1995)

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Bluebook (online)
531 N.W.2d 217, 247 Neb. 900, 1995 Neb. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nebraska-life-health-insurance-guaranty-assn-v-dobias-neb-1995.