Olympia Molded Products, Inc. v. Sevier Insurance Agency, Inc.

495 So. 2d 39, 1986 Ala. LEXIS 3915
CourtSupreme Court of Alabama
DecidedAugust 1, 1986
Docket85-364
StatusPublished
Cited by1 cases

This text of 495 So. 2d 39 (Olympia Molded Products, Inc. v. Sevier Insurance Agency, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Olympia Molded Products, Inc. v. Sevier Insurance Agency, Inc., 495 So. 2d 39, 1986 Ala. LEXIS 3915 (Ala. 1986).

Opinion

BEATTY, Justice.

Appeal by defendant, Olympia Molded Products, Inc. (“Olympia”), from summary judgment rendered in favor of plaintiff, Sevier Insurance Agency, Inc. (“Sevier”), in plaintiff’s action based upon open account and breach of contract. We affirm.

Plaintiff Sevier had obtained business insurance (apparently workmen’s compensation coverage) for the defendant Olympia, and this coverage had been in force for more than two years with the Chubb Insurance Group. Premiums were paid to Sevier. An outstanding balance on the premium existed. Carlton Rushin, secretary-treasurer of Sevier, communicated orally and by written correspondence with Ronald Robbins, secretary-treasurer of Olympia, informing him that the coverage would not be renewed unless the balance was paid. Upon the request of Robbins, Sevier had the Chubb Insurance Group coverage extended for nine days after the normal expiration date. Certain claims from injured employees of Olympia were filed during this nine-day extension. Because these claims were filed, the premium for the extension of the coverage was not waived.

The outstanding premium not having been paid by Olympia, Sevier brought this action in Jefferson County to recover it. Olympia moved to dismiss on the ground that Olympia did not do business in Jefferson County. At a hearing on this motion in Jefferson County, it was considered as a motion to transfer, and the Jefferson County court transferred the cause to St. Clair County. Thereafter, plaintiff filed its motion for summary judgment based upon the complaint and the affidavit, with exhibits, of Carlton Rushin. That affidavit follows:

“I, H. Carlton Rushin, of Sevier Insurance Agency, Inc., have under my supervision and control the books, records and accounts of said Sevier Insurance Company, Inc. and am familiar with the account of Olympia Molded Products, Inc. That upon my information, knowledge, and belief, the said Defendant is not an infant or incompetent person but is a corporation.
[40]*40“That on or about November, 1983, renewal policies of insurance were delivered to Olympia Molded Products, Inc. and were approved and accepted by a corporate officer. It was agreed that Sevier would set up an account for Olympia, and payment for the insurance coverage was to be paid in monthly installments on the three (3) largest policies. This was done as a courtesy to Olympia who did make four (4) payments on the account. The last payment was made June 8, 1984. Officers of Olympia were contacted concerning the delinquency of the account and finally, in approximately October, 1984, Olympia was advised that Sevier would not secure the renewal of Olympia’s insurance coverage on November 1, 1984, unless the outstanding balance was paid. At the request of Olympia, the undersigned did extend coverage for Olympia [beginning] November 1, 1984, through November 9,1984, in order for Olympia to obtain coverage elsewhere. At the present time, there is an outstanding balance owed by Olympia to Sevier in the amount of $16,427.28 plus interest. Attached and made a part ... of this affidavit is a breakdown of charges and payments on the account.”

, This affidavit was followed by a schedule of charges and payments on the Olympia account, together with the outstanding balance shown as $16,427.28.

Defendant Olympia, in opposition to plaintiff’s summary judgment motion, filed the affidavit of Ronald Robbins. This affidavit stated:

“My name is P. Ronald Robbins, and I am the Sec.-Treasurer of Olympia Molded Products, Inc., an Alabama corporation.
“Sevier Insurance Agency promised to extend coverages MP, BAP and W.C. through November 9, 1984.
“No such coverage was extended in that of several legitimate claims properly filed, none have been paid. Olympia Molded Products, Inc., is still being billed for the services that were supposed to be covered and is now receiving suit letters. Olympia did not receive the coverage for which they are being billed.
“These statements are made upon my personal knowledge and I handle the day-to-day business matters of Olympia Molded Products, am an officer, member of the board of directors, and a shareholder.”

At a hearing on plaintiff’s motion, Carlton Rushin testified for plaintiff, establishing that a balance was owed by Olympia (the affidavit and exhibits particularizing the amount owed were in evidence) and was unpaid. He also established that claims had been filed, and he identified a copy of a payment draft issued by Chubb on a workman’s claim. He testified further:

“Q. Did you pay the claim yourself?

“A. No.
“Q. Do you pay claims of Chubb? Does Sevier pay them?
“A. No, we don’t. We are the agent and broker for the company. We forward the loss notice to them, and they handle directly with the physician, drugstore, hospital, whoever under the Workmen’s Compensation law.”

In Ronald Robbins’s affidavit, set out above, he had stated that Sevier, by failing to pay certain claims, had failed to provide the coverage through November 9, 1984, and thus had breached its contract with Olympia. Yet, on cross-examination, Robbins testified to his lack of personal knowledge of such nonpayments:

“Q. Your job is what with Olympia?
“A. My job is — there are two of us that own Olympia, and my job runs the front office as far as the accounting aspect of management, order scheduling, purchasing necessary raw materials, all of the management activities.
“Q. Well, does a lady by the name of Carolyn Robbins handle the claims?
“A. She is my personnel manager.
“Q. Does she handle the claims for you?
“A. Yes.
“Q. She does the negotiations, and she sends the report of first injury; does she not?
[41]*41“A. She does.
“Q. Who does she send it to?
“A. To the insurance agency.
“Q. To the insurance agency. All right. Do you know if she sent one on November — on or about November 5th to Sevier Insurance Company on Reggie Swindle?
“A. Yes.
“Q. You know that of your own knowledge?
“A. Yes.
“Q. All right. Was there a claim for a Birmingham Radiological Group; do you know that?
“A. Do I know that?
“Q. Yes, sir, do you have any knowledge?
“A. I don’t know the details of that. I understand — or I do know that there were several claims filed during that 9-day period.
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“Q. Let me show you — I think the issue is whether or not there was coverage from November 1st to November 9th.
“THE COURT: I notice the claim is not but $75.
“MR. HAMPE: Three hundred and twenty-five, I believe. It’s two hundred and fifty and there is one on November 1st.

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Bluebook (online)
495 So. 2d 39, 1986 Ala. LEXIS 3915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olympia-molded-products-inc-v-sevier-insurance-agency-inc-ala-1986.