Simper v. Farm Bureau Mutual Insurance

974 P.2d 1100, 132 Idaho 471, 1999 Ida. LEXIS 23
CourtIdaho Supreme Court
DecidedMarch 16, 1999
Docket23480
StatusPublished
Cited by12 cases

This text of 974 P.2d 1100 (Simper v. Farm Bureau Mutual Insurance) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Simper v. Farm Bureau Mutual Insurance, 974 P.2d 1100, 132 Idaho 471, 1999 Ida. LEXIS 23 (Idaho 1999).

Opinions

SUBSTITUTE OPINION THE COURT’S PRIOR OPINION DATED FEBRUARY 25, 1998, IS HEREBY WITHDRAWN.

TROUT, Chief Justice.

This is an appeal from a summary judgment motion granted in favor of respondent Farm Bureau Mutual Insurance Company of Idaho (Farm Bureau) in an action for breach of contract and bad faith. We affirm the district court’s decision.

I.

BACKGROUND

On November 3, 1994, Teena D. Simper (Simper) was injured in an automobile accident. At the time of the accident, Simper was insured under an automobile insurance policy issued by Farm Bureau. The other vehicle was insured by State Farm. While Simper was in the process of negotiating with State Farm for payment of her damages resulting from the accident, she submitted medical bills to Farm Bureau for payment. Simper received $1,000, the extent of the medical payments coverage in her insurance policy. Upon making the $1,000 payment, Farm Bureau notified State Farm of its subrogation claim against the State Farm insured.

During the pendency of Simper’s claim, her automobile policy came up for its annual renewal. At that time, Farm Bureau informed Simper that her premium would increase from the previous year. One of the bases for the increase was that Farm Bureau had not yet been reimbursed for the monies it had paid for her medical bills; therefore, Simper no longer qualified for the “claims-free” discount. Simper paid the increased premium.

Simper then filed suit against Farm Bureau alleging breach of contract, bad faith, and violations of the Unfair Claims Settlement Practices Act. On September 16, 1996, Farm Bureau filed a motion for summary [473]*473judgment. The district court granted Farm Bureau’s motion on November 26,1996.

Shortly after Simper filed her notice of appeal from the summary judgment order, Farm Bureau received its subrogated interest, reinstated Simper’s “elaims-free” discount, and reimbursed Simper for the increased premium she had paid.

II.

THE DISTRICT COURT DID NOT ERR IN GRANTING FARM BUREAU’S MOTION FOR SUMMARY JUDGMENT.

A. Standard of Review

When reviewing a trial court’s ruling on a summary judgment motion, the Court should employ “the same standard properly employed by the district court when originally ruling on the motion.” Lamb v. Manweiler, 129 Idaho 269, 271-72, 923 P.2d 976, 978-79 (1996) (citing Friel v. Boise City Hous. Auth., 126 Idaho 484, 485, 887 P.2d 29, 30 (1994)). Summary judgment is proper only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law, Id. at 271, 923 P.2d at 978 (citing I.R.C.P. 56(c); Mutual of Enumclaw v. Box, 127 Idaho 851, 852, 908 P.2d 153, 154 (1995)). The record must be liberally construed in favor of the party opposing the motion for summary judgment, drawing all reasonable inferences and conclusions supported by the record in favor of that party. Id. at 272, 923 P.2d at 979 (citing City of Chubbuck v. City of Pocatello, 127 Idaho 198, 200, 899 P.2d 411, 413 (1995)).

B. Breach of Contract

Simper argues that Farm Bureau breached its insurance policy with Simper when, upon renewal of Simper’s policy, Farm Bureau increased Simper’s premium in response to its payment of the medical benefits claim. More specifically, Simper asserts the following: (1) Farm Bureau lacked contractual authority to apply its underwriting guidelines to the calculation of Simper’s premium; and (2) the term “chargeable claim” in the underwriting guidelines is ambiguous.

Simper’s insurance policy states the following with respect to policy renewal and premium calculation:

Policy Renewals. Subject to our consent, you may renew this policy for successive periods by payment to us of the premium we require to renew the policy. Premium payment of any renewal period shall be due on the expiration of the preceding policy period (see policy page 3).
Audit Premium. The premium stated in the Declarations shall be computed according to our rules and rating plans....

Farm Bureau’.s underwriting manual contains the guidelines for the calculation of an insured’s premium upon renewal, which are referred to as the “Self-Rating Plan (SRP).” The guidelines state as their purpose that “[t]he plan is designed to allow the Company to provide protection to the greatest possible range of risks with each risk paying its fair share of premium based on its own history.” The guidelines explain that if there is a “chargeable claim,” then a certain number of points are added to the SRP level, depending upon the nature of the chargeable claim. The guidelines define “chargeable claim” to include any claim paid on behalf of the risk that is $750 or more. The guidelines define the “risk” as referring to each vehicle.

First, Simper argues that Farm Bureau lacked contractual authority to apply its underwriting manual in the calculation of Simper’s premium. Based on the record before us, which includes only particular pages of the insurance policy and the underwriting guidelines, it is clear that Farm Bureau applied its Self-Rating Plan, which was referred to in the insurance policy, in calculating Simper’s premium. No evidence has been presented to indicate that Farm Bureau was not entitled to apply the Self-Rating Plan, or that Farm Bureau did not properly follow the Self-Rating Plan.

Simper argues also that Farm Bureau lacked contractual authority to apply its underwriting guidelines to Simper’s claim for medical payments. More specifically, Simper asserts that a claim for medical pay-[474]*474merits is not a “chargeable claim” on behalf of the “risk” because the term “risk” refers to “each vehicle;” therefore, only claims for damages associated with the vehicle should be included as “chargeable claims.” Simper gives a labored interpretation of the provision relating to the calculation of premiums in Farm Bureau’s underwriting guidelines. The guidelines are clear that a payment of any claim made on the policy will be taken into consideration irrespective of whether it is for medical benefits or some other benefit under the policy.

Next, Simper argues that the term “chargeable claim” in the underwriting manual is ambiguous. Simper asserts that a “chargeable claim” does not exist unless Farm Bureau has suffered a loss. In other words, an insured does not pose a risk unless the insurer has suffered a loss. Therefore, Simper contends that Farm Bureau should not have found the $1,000 claim to constitute a “chargeable claim” because Farm Bureau had not yet determined whether it would recover its subrogated interest. However, the term “chargeable claim” is not ambiguous; it is defined in the policy as any claim paid on behalf of the insured that is $750 or more. The definition does not state that Farm Bureau must suffer a loss before it will consider a claim it paid on behalf of an insured. Rather, it considers any claims paid on behalf of an insured in calculating the risk of that particular insured.

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Simper v. Farm Bureau Mutual Insurance
974 P.2d 1100 (Idaho Supreme Court, 1999)

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Bluebook (online)
974 P.2d 1100, 132 Idaho 471, 1999 Ida. LEXIS 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simper-v-farm-bureau-mutual-insurance-idaho-1999.