Paxton v. Municipal Mutual Insurance

503 S.E.2d 537, 202 W. Va. 224, 1998 W. Va. LEXIS 36
CourtWest Virginia Supreme Court
DecidedJune 12, 1998
DocketNo. 24964
StatusPublished

This text of 503 S.E.2d 537 (Paxton v. Municipal Mutual Insurance) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paxton v. Municipal Mutual Insurance, 503 S.E.2d 537, 202 W. Va. 224, 1998 W. Va. LEXIS 36 (W. Va. 1998).

Opinion

PER CURIAM:1

This is an appeal by James Paxton and Sherri Paxton, appellants/plaintiffs below, (hereinafter Paxtons) from an order of the Circuit Court wherein the Paxtons were awarded attorney fees of $3,222.24, in a bad faith claim against their homeowner insurer Municipal Mutual Insurance ( hereinafter MMI), appellee/defendant below.2 In this appeal the Paxtons contend that they should have been awarded attorney fees in the amount of $13,304.21. MMI cross-appealed alleging that the Paxtons are not entitled to attorney fees.

I.

FACTUAL BACKGROUND

On August 18, 1993, a fire destroyed the Paxtons’ home.3 The Paxtons notified MMI of the destruction of their home the day following the fire. MMI instructed the Pax-tons to obtain three estimates for the cost of repairing their home. The Paxtons obtained three estimates. All three estimates were rejected by MMI as being excessive.4 MMI obtained its own estimate and offered to pay the Paxtons that amount.5 The Paxtons rejected MMI’s offer. Thereafter, the Paxtons reported to the state Insurance Commission[226]*226er that MMI was engaging in a bad faith settlement. The state Insurance Commissioner advised the Paxtons to retain legal counsel. On October 1, 1993, the Paxtons hired legal counsel. By letter dated October 6, 1993, counsel for the Paxtons wrote MMI demanding the homeowner policy limit or face a lawsuit. On November 29, 1993, MMI paid the policy limits to the Paxtons.

On January 6, 1994, the Paxtons filed the instant bad faith settlement action against MMI. After discovery ended, the parties agreed to engage in mediation to attempt to resolve the action. It appears that the merits of the action were resolved on undisclosed terms through mediation. However, the issue of attorney fees was submitted by the Paxtons to the circuit court in the form of a motion for partial summary judgment. The court heard arguments on the motion on March 1, 1996. The Paxtons argued that they were entitled to attorney fees in the amount of $13,304.21. That amount represented approximately one-third of the homeowner policy limits which the Paxtons received on November 29, 1993. MMI contended that attorney fees were not appropriate. On January 31, 1997 the circuit court granted the Paxtons’ motion for partial summary judgment. The circuit court awarded the Paxtons $3,222.24 in attorney fees. Thereafter, the Paxtons filed this appeal with MMI filing a cross-appeal.

II.

STANDARD OF REVIEW

This Court’s standard of review concerning summary judgment is well settled. As this Court stated in syllabus point 3 of Aetna Casualty and Surety Co. v. Federal Insurance Co., 148 W.Va. 160, 133 S.E.2d 770 (1963), “[a] motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law.” See also Syl. pt. 1, Burdette v. Columbia Gas Transmission Corporation, 198 W.Va. 356, 480 S.E.2d 565 (1996); Syl. pt. 2, Rose v. Oneida Coal Co., 195 W.Va. 726, 466 S.E.2d 794 (1995). Moreover, we note that, upon appeal, the entry of a summary judgment is reviewed by this Court de novo. Syl. pt. 1, Painter v. Peavy, 192 W.Va. 189, 451 S.E.2d 755 (1994).

III.

DISCUSSION

The first issue to be addressed is MMI’s argument that attorney fees were not proper in this case. MMI sets forth several reasons for this contention. First, MMI argues that there was no showing that the Paxtons substantially prevailed in the settlement. Second, the settlement occurred less than four months after the date of the loss. Third, there was no showing that without the intervention of Paxtons’ counsel a settlement would not have occurred. Fourth, MMI contends it did not wrongfully nor unreasonably withhold payment because the Paxtons failed to initially provide detailed and complete cost estimates. All four arguments raised by MMI are flawed.

This Court has held that “[w]henever a policyholder substantially prevails in a property damage suit against its insurer, the insurer is liable for: (1) the insured’s reasonable attorneys’ fees in vindicating its claim; (2) the insured’s damages for net economic loss caused by the delay in settlement, and damages for aggravation and inconvenience.” Syl. pt. 1, Hayseeds, Inc. v. State Farm Fire & Cas., 177 W.Va. 323, 352 S.E.2d 73 (1986). In syllabus point 1 of Jordan v. National Grange Mut. Ins. Co., 183 W.Va. 9, 393 S.E.2d 647 (1990) we held, in part, that “[a]n insured ‘substantially prevails’ in a property damage action against his or her insurer when the action is settled, for an amount equal to or approximating the amount claimed by the insured immediately prior to the commencement of the action ... [and] the insured is entitled to recover reasonable attorney’s fees from his or her insurer, as long as the attorney’s services were necessary to obtain payment of the insurance proceeds.” The Court elaborated in syllabus point 2 of Thomas v. State Farm Mutual Automobile Insurance Co., 181 W.Va. 604, 383 S.E.2d 786 (1989) by holding, in part, that “[w]here the insurance company has offered an amount materially below the dam[227]*227age estimates submitted by the insured, and the jury awards the insured an amount approximating the insured’s damage estimates, the insured has substantially prevailed.” In syllabus point 3 of Miller v. Fluharty, 201 W.Va. 685, 500 S.E.2d 310 (1997) we held:

An insurance carrier has a duty, once a first-party policyholder has submitted proof of a loss, to promptly conduct a reasonable investigation of the policyholder’s loss based upon all available information. On the basis of that investigation, if liability to the policyholder has become reasonably clear, the insurance carrier must make a prompt, fair and equitable settlement' offer. If the circuit court' finds evidence that the insurance carrier has failed to properly or promptly investigate the policyholder’s claim, then the circuit court may consider that evidence in determining whether the policyholder has substantially prevailed in an action to enforce the insurance contract.

Miller also noted that “the public policy established in Hayseeds and its progeny is to encourage the speedy payment on the policyholder’s insurance contract, regardless of when and how the policyholder makes a claim.” Miller, 201 W.Va. at 696, 500 S.E.2d at 321. In view of the above settled principles of law, MMI’s arguments against any award of attorney fees must fail. We therefore affirm that part of the circuit court’s order finding attorney fees appropriate.

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

Related

Miller v. Fluharty
500 S.E.2d 310 (West Virginia Supreme Court, 1997)
Jordan v. National Grange Mutual Insurance
393 S.E.2d 647 (West Virginia Supreme Court, 1990)
Burdette v. Columbia Gas Transmission Corp.
480 S.E.2d 565 (West Virginia Supreme Court, 1996)
Painter v. Peavy
451 S.E.2d 755 (West Virginia Supreme Court, 1994)
Aetna Casualty & Surety Co. v. Federal Insurance Co. of New York
133 S.E.2d 770 (West Virginia Supreme Court, 1963)
Hayseeds, Inc. v. State Farm Fire & Cas.
352 S.E.2d 73 (West Virginia Supreme Court, 1986)
Thomas v. State Farm Mutual Automobile Insurance
383 S.E.2d 786 (West Virginia Supreme Court, 1989)
Rose v. Oneida Coal Co., Inc.
466 S.E.2d 794 (West Virginia Supreme Court, 1995)
Lieving v. Hadley
423 S.E.2d 600 (West Virginia Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
503 S.E.2d 537, 202 W. Va. 224, 1998 W. Va. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paxton-v-municipal-mutual-insurance-wva-1998.