St. Paul Fire & Marine Insurance v. Updegrave

656 P.2d 1130, 33 Wash. App. 653, 35 A.L.R. 4th 1, 1983 Wash. App. LEXIS 2132
CourtCourt of Appeals of Washington
DecidedJanuary 13, 1983
Docket4404-1-III
StatusPublished
Cited by23 cases

This text of 656 P.2d 1130 (St. Paul Fire & Marine Insurance v. Updegrave) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
St. Paul Fire & Marine Insurance v. Updegrave, 656 P.2d 1130, 33 Wash. App. 653, 35 A.L.R. 4th 1, 1983 Wash. App. LEXIS 2132 (Wash. Ct. App. 1983).

Opinions

McInturff, J.

Is a showing of actual monetary damages a prerequisite to an award of attorney's fees under the Consumer Protection Act? We hold that attorney's fees may be awarded independently, without a showing of actual monetary damages.

In September 1973, the Lad Irrigation Company (Lad) obtained insurance from the St. Paul Fire & Marine Insurance Company (St. Paul). The initial policy was effective for 3 years and was later extended by mutual agreement for an additional year. Premiums were to be paid on a composite rate basis.1 The policy provided that premiums could only be modified by a written endorsement issued by St. Paul and countersigned by a St. Paul agent and then only prospectively at or before the anniversary date.

In March 1974, in contravention of the policy language, St. Paul increased Lad's premiums and retroactively applied the increase back to September 1, 1973. St. Paul raised Lad's premiums in the same manner in March 1975 and March 1976. Lad, unaware of its rights under the policy, voluntarily paid the increased premiums. In July 1977, St. Paul sent Lad an estimated bill for the 1976-77 year which reflected an approximately 200 percent premium increase over the prior year. This premium adjustment was not included in an endorsement nor was it made at or before the anniversary date as required by the policy. Lad [655]*655refused to pay and St. Paul then agreed to charge the composite rate from the previous year.

In September 1977, St. Paul issued a 2-month binder to Lad. In November, a new policy was issued for the 1977-78 year. The trial court found this new policy failed to contain an endorsement which set the premium rate. However, St. Paul's underwriters advised its agents the premium would probably not increase more than 10 percent. In June 1978, St. Paul submitted its bill, which reflected a 280 percent premium increase to be applied retroactively. Lad refused to pay this premium.

St. Paul sued Lad and Arlie and Aurora Updegrave individually for the amount of the premium. Lad and the Updegraves counterclaimed, alleging St. Paul had overcharged in the past and had violated the Consumer Protection Act. RCW 19.86.

The trial court determined Lad owed St. Paul $7,430.80. This was the net amount owed for unpaid premiums. It also found St. Paul's attempts to change the premium amounts in the middle of an anniversary year without a valid endorsement and its overcharging in excess of the contracted premium rate constituted a per se violation of the Consumer Protection Act. The trial court specifically found St. Paul's practices to be in violation of its duty to act in good faith. On the basis of this per se violation, Lad was awarded $1,000 in treble damages plus $5,000 attorney's fees and $196.25 in costs.

Initially, St. Paul challenges various findings of fact made by the trial court. An appellate court will not substitute its judgment for that of the trial court when there is substantial evidence to support the trial court's findings. Beeson v. ARCO, 88 Wn.2d 499, 503, 563 P.2d 822 (1977); Thorndike v. Hesperian Orchards, Inc., 54 Wn.2d 570, 575, 343 P.2d 183 (1959). There is substantial evidence if there is sufficient evidence to persuade a fair-minded rational person of the truth of the declared premise. Beeson, at 503; In re Snyder, 85 Wn.2d 182, 185-86, 532 P.2d 278 (1975). We have considered the challenged findings, searched the [656]*656record, and find there is substantial evidence to support those findings of fact which are necessary to support the trial court's conclusions of law.2

The Consumer Protection Act declares unlawful any unfair or deceptive practices that occur in trade or commerce. RCW 19.86.020. A violation of the Consumer Protection Act may be proven by showing a per se violation. The elements of a per se violation are:

(1) the existence of a pertinent statute; (2) its violation; (3) that such violation was the proximate cause of damages sustained; and (4) that they were within the class of people the statute sought to protect.

Wilkinson v. Smith, 31 Wn. App. 1, 9, 639 P.2d 768 (1982); [657]*657Dempsey v. Joe Pignataro Chevrolet, Inc., 22 Wn. App. 384, 393, 589 P.2d 1265 (1979). Lad satisfied all of the elements of a per se violation.

The first element requires the existence of a pertinent statute. RCW 48.01.030 establishes a duty of good faith and fair dealing in all insurance matters:

The business of insurance is one affected by the public interest, requiring that all persons be actuated by good faith, abstain from deception, and practice honesty and equity in all insurance matters. Upon the insurer, the insured, and their representatives rests the duty of preserving inviolate the integrity of insurance.

The second element requires a showing that the pertinent statute has been violated. The trial court specifically found that St. Paul did not act in good faith. This is a factual question. Miller v. Indiana Ins. Cos., 31 Wn. App. 475, 479, 642 P.2d 769 (1982). The trial court's determination was based on its finding that St. Paul had overcharged Lad during the 1974-75 and 1975-76 policy years;3 that St. Paul attempted to increase Lad's premiums midway through the 1976-77 policy year in direct contravention of the policy; that St. Paul's underwriters advised its agent that the premium for the year commencing November 1, 1977, would not increase over 10 percent; that when St. Paul submitted its bill 6 months into the policy year, the bill reflected a 280 percent increase which was to be retroactively applied; and that Lad would not have purchased insurance from St. Paul had it been timely advised of the premium increase. The finding that St. Paul failed to act in good faith is supported by substantial evidence and should not be disturbed on appeal. Thorndike v. Hesperian Orchards, Inc., supra at 575.

The third element requires the violation to be a proximate cause of the damages sustained. This requires St. Paul's practices to have proximately caused Lad's damages. [658]*658St. Paul contends that since Lad did not suffer any specific monetary damages, it has no cause of action under the act.

Damages, for purposes of the Consumer Protection Act, must be broadly construed so that the beneficial purpose of the act may be served.4

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St. Paul Fire & Marine Insurance v. Updegrave
656 P.2d 1130 (Court of Appeals of Washington, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
656 P.2d 1130, 33 Wash. App. 653, 35 A.L.R. 4th 1, 1983 Wash. App. LEXIS 2132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-paul-fire-marine-insurance-v-updegrave-washctapp-1983.