Shelter Mut. Ins. Co. v. Dale

914 So. 2d 698, 2005 WL 2787388
CourtMississippi Supreme Court
DecidedOctober 27, 2005
Docket2004-CA-01023-SCT
StatusPublished
Cited by18 cases

This text of 914 So. 2d 698 (Shelter Mut. Ins. Co. v. Dale) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shelter Mut. Ins. Co. v. Dale, 914 So. 2d 698, 2005 WL 2787388 (Mich. 2005).

Opinion

914 So.2d 698 (2005)

SHELTER MUTUAL INSURANCE COMPANY and Shelter General Insurance Company
v.
George DALE, Commissioner of Insurance, State of Mississippi, and Mississippi Department of Insurance.

No. 2004-CA-01023-SCT.

Supreme Court of Mississippi.

October 27, 2005.

*699 John C. Henegan, Karen Livingston-Wilson, Jackson, Patrick Ryan Beckett, attorneys for appellants.

Peter W. Cleveland, Gulfport, Mary Jo Woods, attorneys for appellees.

Before COBB, P.J., CARLSON and DICKINSON, JJ.

DICKINSON, Justice, for the Court.

¶ 1. This is a dispute over two proposed amendatory endorsements to automobile insurance policies submitted by two insurance companies for approval by the State Department of Insurance. The question presented is whether Mississippi law requires automobile liability policies written in Mississippi to cover punitive damages awarded against insureds.

FACTS AND BACKGROUND PROCEEDINGS

¶ 2. On April 12, 2002, Shelter Mutual Insurance Company and Shelter General Insurance Company (hereinafter collectively referred to as "Shelter") requested approval by the Mississippi Department of Insurance ("DOI") of amendatory endorsements to their respective Mississippi automobile insurance private passenger policies. The purpose of the amendments was to exclude "any liability under the policies for damages assessed against an insured in the form of punitive damages."

¶ 3. Although DOI Commissioner George Dale initially approved both amendatory endorsements, he reversed his position and withdrew approval. In his March 21, 2003, order, Commissioner Dale stated:

The Mississippi Supreme Court has ruled that an automobile liability policy which provides the insurer will pay all sums which the insured becomes legally obligated includes coverage for punitive damage awards. Anthony v. Frith and State Farm Mutual Automobile Insurance Company, 394 So.2d 867 (Miss. 1981).
Based upon the interpretation of Anthony v. Frith of Mississippi's standard liability insurance statute, an Attorney General's Opinion was issued explicitly stating that Mississippi law does not provide for the exclusion of punitive damages from insurance policies for automobile liability claims. Dale, Oct. 5, 2001, A.G. Op. # 01-0660.
It is the finding of the Commissioner that there is no statutory or legal basis to allow an exclusion of punitive damages from a standard automobile liability insurance policy. As there is no statutory or legal basis for such an exclusion, the Shelter Mutual Filing and Shelter General Filing violate Miss Code Ann. § 83-2-11(11)(a).

¶ 4. After requesting a hearing to appeal the withdrawal of approval, Shelter waived the requirement of a hearing and unsuccessfully appealed to the Chancery Court of the First Judicial District of Hinds County. Affirming the Commissioner's order in her April 19, 2004, order, Chancellor Patricia D. Wise held:

The Court finds that the Commissioner's Order in this case, based upon the Attorney General's well reasoned Opinion and statutory analysis under Mississippi Supreme Court case law, was supported by substantial evidence and was neither arbitrary nor capricious.
...
[T]he Court concludes that the language of Miss.Code Ann. § 63-15-43(2)(b), requiring coverage for "all sums the insured shall become legally obligated to pay as damages arising out of the ownership, maintenance or use of such motor vehicle," is broad enough to be read *700 as specifically including coverage for punitive damages.

¶ 5. It is from this adverse chancery court ruling that Shelter now appeals to this Court.

ANALYSIS

¶ 6. While this Court gives deference to the decisions of an administrative agency, we will not hesitate to reverse an agency's decision found to be "(1) unsupported by substantial evidence; (2) arbitrary or capricious; (3) beyond the power of the administrative agency to make; or (4) in violation of some statutory or constitutional right of the complaining party." Am. Federated Life Ins. Co. v. Dale, 701 So.2d 809, 811 (Miss.1997) (citing Miss. Comm'n on Envtl. Quality v. Chickasaw County Bd. of Supervisors, 621 So.2d 1211, 1215 (Miss.1993)).

¶ 7. We begin our analysis by pointing out that the issue presented is not whether the Legislature has the prerogative to require that automobile insurance policies written in Mississippi cover awards of punitive damages, but rather whether it has actually done so.

Anthony v. Frith

¶ 8. Commissioner Dale based his denial of the amendatory endorsements on our holding in Anthony v. Frith. In that case, State Farm Mutual Automobile Insurance Company refused to pay a punitive damage award against its insured, despite very general language in its policy which provided that State Farm would pay "all sums which the insured shall become legally obligated to pay." This Court held that, under such policy terms, it was not against public policy to require State Farm to pay punitive damages. Specifically, this Court stated:

As to there being any public policy in this state against allowing recovery for punitive damages in a case as this under the terms of an insurance contract as set forth herein, however, we disagree with the trial court and find it was not against public policy to require the carrier to pay punitive damages.

Anthony v. Frith, 394 So.2d 867, 868 (Miss.1981). This Court did not hold that State Farm was required by statute to cover punitive damages. Nor did it hold that an insurance company is prohibited from excluding coverage for punitive damages. Indeed, then-Justice Hawkins, the author of Anthony v. Frith, was later (as Chief Justice of the Court) to state:

In Anthony v. Frith we simply took the view that there is no public policy against an insurance policy by its language covering punitive damages. As the author of that opinion, I saw grave ethical problems which might confront a lawyer during trial defending an insured in the absence of clear language in the policy excluding punitive damages. [citation omitted] Nothing in Anthony v. Frith implied that a liability insurance carrier was required to cover punitive damages along with compensatory damages, and in Old Sec. Cas. Ins. Co. v. Clemmer, 455 So.2d 781 (Miss.1984), we clearly held the policy could exclude punitive damages.

James W. Sessums Timber Co. v. McDaniel, 635 So.2d 875, 883 (Miss.1994) (Hawkins, C.J., dissenting). In Clemmer, cited by Chief Justice Hawkins, this Court stated:

We reaffirm our holding in Frith that an insurance company's liability "for all damages arising from bodily injury" includes punitive damages. However, the extent or limit of that liability for punitive damages is governed by the agreement of the parties as reflected by the *701 actual language in the policy of insurance.

455 So.2d at 783.

¶ 9. Clearly, this Court has not previously held that an insurance company is prohibited from excluding coverage for punitive damages.

Miss.Code Ann. § 63-15-43(2)(b)

¶ 10. At the heart of the decision of the chancery court is the presumption that the language of Miss.Code Ann.

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Bluebook (online)
914 So. 2d 698, 2005 WL 2787388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shelter-mut-ins-co-v-dale-miss-2005.