Saye v. Provident Life & Accident Insurance Co.

714 S.E.2d 614, 311 Ga. App. 74, 2011 Fulton County D. Rep. 2103, 2011 Ga. App. LEXIS 553
CourtCourt of Appeals of Georgia
DecidedJune 24, 2011
DocketA11A0247
StatusPublished
Cited by5 cases

This text of 714 S.E.2d 614 (Saye v. Provident Life & Accident Insurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Saye v. Provident Life & Accident Insurance Co., 714 S.E.2d 614, 311 Ga. App. 74, 2011 Fulton County D. Rep. 2103, 2011 Ga. App. LEXIS 553 (Ga. Ct. App. 2011).

Opinions

McFADDEN, Judge.

William Saye sued Provident Life and Accident Insurance Company (“Provident”) for breach of an insurance contract and bad faith failure to pay benefits. The trial court bifurcated the two claims, with the expectation that trial would proceed on bad faith only if Saye first prevailed on the contract issue. The jury ultimately rejected Saye’s breach of contract claim, and the trial court entered judgment for Provident.

On appeal, Saye argues that the trial court erred in bifurcating the proceedings. But the trial court was responsible for managing the trial, and that ruling was within its broad discretion. Saye argues that the trial court erred in granting Provident’s motion in limine to exclude bad-faith evidence from the first phase of the trial. But the trial court is tasked with determining relevance, and that ruling was within its broad discretion. Saye also argues that the trial court erred in allowing Provident to violate the in limine ruling, but the rulings as to those claimed violations were likewise within the trial court’s discretion. Finally, Saye argues that the trial court erred in admitting a recording of a telephone conversation between Saye and a claims representative. We agree with Saye that the recording did not fall within the business records exception to the hearsay rule and that admitting it was harmful error. We therefore reverse.

Many of the underlying facts are not in dispute. Saye is a laparoscopic surgeon who, throughout a lengthy career, performed [75]*75thousands of procedures with small, hand-held instruments. During the 1990s, Saye began experiencing pain and losing dexterity in his right hand due to a condition known as “Dupuytren’s contracture.” The condition worsened, and in 2001, at the age of 62, Saye stopped performing surgery and sought disability benefits.

At the time, Saye had three disability insurance policies with Provident. Each policy drew a distinction between disability resulting from injury and disability resulting from sickness. Under all three policies, Saye was entitled to monthly disability payments for life if he suffered a total disability caused by injury. If sickness caused the disability, however, his benefits extended only until he reached the age of 65 under two policies and for a total of forty-two months under the third.

Shortly before he turned 65, Saye received notification that his benefits would soon terminate pursuant to the “sickness” provision of his insurance policies. Saye objected, asserting that his disability resulted from an injury, rather than a sickness. Specifically, he claimed that his repetitive use of hand-held surgical devices over many years caused his condition.

When Provident denied his request for extended benefits, Saye filed suit, alleging that the insurer breached his insurance contracts, acted in bad faith by denying further coverage, and engaged in other tortious conduct. Saye eventually narrowed his claims against Provident to breach of contract and bad faith, with the breach of contract issue focused on whether he had suffered an injury entitling him to lifetime disability benefits or a sickness carrying limited coverage under the policies. Prior to trial, the trial court noted that if the jury found that Saye’s condition was a sickness, his claim that Provident acted in bad faith by denying him lifetime benefits necessarily failed and did not require jury resolution. Concluding that the case could best be managed through bifurcation, the trial court decided that the parties would try the “simple contract case” regarding coverage first, then conduct a separate trial on bad faith if necessary.

Following a multi-day trial, the jury was asked to determine whether Saye’s disability was caused by injury, sickness, or a combination of injury and sickness. The jury found that it resulted from sickness, thus ending his claim for lifetime disability payments. The trial court entered judgment for Provident and denied Saye’s motion for new trial. This appeal followed.

1. Saye argues that the trial court erred in bifurcating the breach of contract and bad faith claims. We disagree. Under OCGA § 9-11-42 (b), a trial court, “in furtherance of convenience or to avoid prejudice, may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim.” The court has broad discretion in managing a trial, and its decision to bifurcate issues or claims will [76]*76not be disturbed absent a manifest abuse of discretion. Cantrell v. Northeast Ga. Med. Center, 235 Ga. App. 365, 368 (1) (b) (508 SE2d 716) (1998).

No such abuse occurred here. The record shows that the trial court discussed bifurcation with the parties prior to trial, and Saye’s counsel agreed that “all of the bad faith in the world . . . [made] no difference” if Saye was not entitled to benefits under the policies past the age of 65. Noting the difficulties of managing a potentially complex and convoluted case, as well as the prejudice Provident might suffer if bad faith evidence tainted the coverage question, the trial court concluded that the coverage issue should be tried first, followed, if necessary, by the bad faith claim.

On appeal, Saye suggests that OCGA § 33-4-6 precludes a court from bifurcating breach of contract and bad faith claims against an insurer because, in his view, the statute contemplates that such claims be brought in “a single action.” Even if a single action is required, however, nothing in this case violates the requirement. Saye brought his claims against Provident in a single civil action, and they were resolved in that action, albeit through a bifurcated proceeding.

Moreover, the trial court was authorized to conclude, after extensive discussion with the parties, that bifurcation was appropriate in this case. Without dispute, coverage turned on whether Saye’s debilitating condition arose from an injury or sickness. And the discrete coverage issue had to be resolved first because, as even Saye’s counsel conceded, bad faith was irrelevant absent coverage. Given this logical break in proof, the possibility that bad faith evidence might taint the jury’s consideration of coverage, and the trial court’s need to manage a potentially complex case involving far reaching bad faith allegations, the trial court properly elected to bifurcate the claims. See Cantrell, supra.

2. Saye contends that the trial court erred in granting Provident’s motion in limine to exclude all evidence of bad faith and claims handling from the coverage trial. In Georgia, however, evidence that is unrelated to the questions presented to the jury must be excluded as irrelevant. See OCGA § 24-2-1. A trial court is tasked with determining relevance, and its ruling will be upheld on appeal absent an abuse of discretion. See Ahmed v. Clark, 301 Ga. App. 426, 428-429 (688 SE2d 361) (2009); Murphy v. Varner, 292 Ga. App. 747, 749 (2) (666 SE2d 53) (2008).

The trial court informed the parties that, during the coverage trial phase, they would not be allowed to “go into anything else in front of the jury other than the coverage issue.” It noted that the parties could give jurors context by describing how the disability claim and the litigation arose. But it found that issues regarding

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Saye v. Provident Life & Accident Insurance Co.
714 S.E.2d 614 (Court of Appeals of Georgia, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
714 S.E.2d 614, 311 Ga. App. 74, 2011 Fulton County D. Rep. 2103, 2011 Ga. App. LEXIS 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saye-v-provident-life-accident-insurance-co-gactapp-2011.