State Farm Automobile Insurance Co. v. Stamps

292 S.W.3d 833, 104 Ark. App. 308, 2009 Ark. App. LEXIS 374
CourtCourt of Appeals of Arkansas
DecidedFebruary 11, 2009
DocketNo. CA 08-750
StatusPublished
Cited by3 cases

This text of 292 S.W.3d 833 (State Farm Automobile Insurance Co. v. Stamps) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Farm Automobile Insurance Co. v. Stamps, 292 S.W.3d 833, 104 Ark. App. 308, 2009 Ark. App. LEXIS 374 (Ark. Ct. App. 2009).

Opinion

LARRY D. VAUGHT, Chief Judge.

Appellee Eda Stamps filed suit against appellant State Farm Automobile Insurance Company seeking underinsured motor-vehicle coverage. After a jury rendered a $135,000 verdict in her favor, the Sebastian County Circuit Court entered an order awarding Eda a statutory penalty and attorney’s fees. State Farm appeals from this order, arguing that the trial court erred in awarding the penalty and fees because the amount Eda recovered at trial was not within twenty percent of the amount she demanded or sought in her suit as required by Arkansas statute. We affirm.

In June 2000, Eda, while operating her automobile, was struck by another automobile driven by a drunk driver. The drunk driver had a State Farm policy of liability insurance in force with limits of $50,000. State Farm tendered the policy limits to Eda. At the time of the accident, Eda had her own policy of liability insurance in force, also with State Farm. Eda’s policy included underinsured motor-vehicle coverage with policy limits of $250,000. Because Eda alleged that she suffered damages in excess of $50,000, she demanded that State Farm pay her the policy limits. The claim was denied.

Eda and her husband Gary filed suit against State Farm seeking underinsured motor-vehicle coverage. No specific monetary amount was sought in the complaint; rather, they prayed for an amount that exceeded federal jurisdictional limits of $75,000, costs, pre- and post-judgment interest, statutory penalties, and attorney’s fees pursuant to Arkansas Code Annotated section 23 — 79—208(d)(1) (Supp.2007). An amended complaint filed by the Stampses prayed for the same damages.

Just over a month prior to trial, the Stampses filed a document entitled “Amended Demand Pursuant to A.C.A. § 23-79-208.” Therein, the Stampses stated that they had previously demanded policy limits from State Farm; however, they reduced their demand to $150,000. The Stampses further stated:

That should Plaintiff prevail either by settlement or verdict to the extent of at least 80% of [the] demand, Plaintiff requests an immediate Court assessment of 12% penalty, reasonable attorneys fees, costs and pre and post judgment interest.

State Farm did not accept this demand.

At trial, the parties stipulated that the Stampses’ policy of underinsured motor-vehicle coverage had limits of $250,000. In opening statements, counsel for the Stampses advised the jury that the Stampses received policy limits of $50,000 from the drunk driver. Counsel also said that the Stampses’ damages exceeded $50,000. Counsel stated that Gary would testify that “[w]e want [State Farm] to pay us that $250,000,” and “[so] that’s what State Farm is now looking to argue, is the damages — how much of that 250 they’re going to have to turn loose of. That’s what this case is about. How much of those damages do I have to write a check for....” Gary testified that he did not think that $250,000 would make his wife whole, but that “since that’s the policy limits, ... that’s all I would expect.”

The jury returned a verdict in favor of Eda in the amount of $185,000.1 At a post-trial hearing, Eda’s counsel argued that Eda was entitled to the twelve-percent penalty and attorney’s fees pursuant to Arkansas Code Annotated section 23-79-208(d) because the $135,000 jury verdict was within twenty percent of her $150,000 demand.2 State Farm argued that at trial the Stampses demanded $250,000, regardless of what her complaints sought, and that Eda is not entitled to penalties and attorney’s fees because her recovery was not within twenty percent of $250,000. In response, Eda’s counsel argued that there was no $250,000 demand at trial. He argued that the jury knew that policy limits were $250,000 because the parties stipulated to that fact. Eda’s counsel claimed that the complaints asked for an amount in excess of $75,000 and that Eda’s only demand was $150,000.

The trial court entered an order awarding the twelve-percent penalty and attorney’s fees, stating that statutory damages “are available under section 23-79-208 if the amount recovered is within twenty percent of the amount demanded or which is sought in the suit.” The court acknowledged State Farm’s argument that Eda’s counsel demanded $250,000 at trial and was now bound to that figure as her demand, but the court found that argument unpersuasive. After reviewing the record and citing pertinent portions of it, the trial court found that neither the testimony from Eda and Gary nor arguments from their counsel State Farm filed a timely notice of appeal, arguing only that the trial court erred in awarding a statutory penalty and attorney’s fees pursuant to Arkansas Code Am-notated section 23-79-208(d).

... rises to anything close to a demand for $250,000. Taken as a whole, those statements made by counsel at the opening statement stage of the trial do not rise to such a level as to undo the history of the case, which clearly reveals a $150,000.00 demand.
In the Court’s opinion, Plaintiff did not do what was forbidden — manipulate the case to make such an award certain. In that regard, this case appears to the Court to be clearly distinguishable from the cases cited in Defendant’s brief. On the other hand, Plaintiffs were not bound to roll over and play dead at trial just because they had made a demand. To rule otherwise would remove any incentive for defendants to engage in settlement in such cases. The motion as it relates to the twelve percent (12%) damages assessment pursuant to Ark. Code Ann. [§ ] 23-79-208 is granted.3

This case involves an issue of law concerning the interpretation of a statute. We review issues of statutory interpretation de novo. City of Pine Bluff v. Southern States Police Benev. Ass’n, Inc., 373 Ark. 573, 285 S.W.3d 217 (2008). It is for this court to decide what a statute means. Id. In this respect, we are not bound by the trial court’s decision; however, in the absence of a showing that the trial court erred, its interpretation will be accepted as correct on appeal. Id.

It is well settled that:

[t]he first rule in interpreting a statute is to construe it just as it reads by giving words their ordinary and usually accepted meaning. (Citation omitted.) ... In interpreting a statute and attempting to construe legislative intent, we look to the language of the statute, the subject matter, the object to be accomplished, the purpose to be served, the remedy provided, legislative history, and other appropriate matters that throw light on the matter. (Citation omitted.)

National Standard Ins. Co. v. Westbrooks, 331 Ark. 445, 448-49, 962 S.W.2d 355, 357 (1998) (citations omitted). The statute in question, Arkansas Code Amnotated section 23-79-208, provides in pertinent part, as follows:

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Bluebook (online)
292 S.W.3d 833, 104 Ark. App. 308, 2009 Ark. App. LEXIS 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-automobile-insurance-co-v-stamps-arkctapp-2009.