State Farm Mutual Automobile Insurance Co. v. Harrington

918 P.2d 1022, 1996 Alas. LEXIS 59
CourtAlaska Supreme Court
DecidedJune 21, 1996
DocketNo. S-6805
StatusPublished
Cited by12 cases

This text of 918 P.2d 1022 (State Farm Mutual Automobile Insurance Co. v. Harrington) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Farm Mutual Automobile Insurance Co. v. Harrington, 918 P.2d 1022, 1996 Alas. LEXIS 59 (Ala. 1996).

Opinion

OPINION

MATTHEWS, Justice.

I. FACTS AND PROCEEDINGS

On April 16, 1992, Gina McCallum, a single mother, died in an accident while a passenger in an auto driven by Donald Bowman. Bowman’s vehicle was struck by a vehicle occupied by Messrs. Wrase and Harding. Wrase and Harding each claimed that the other had been driving at the time of the accident.

The personal representative of the Estate of McCallum settled the estate’s claim against Wrase and Harding for a sum having an aggregate value of $289,075, exhausting their combined policy limits.

McCallum had a liability policy issued by State Farm with facial limits of $100,000 per person. Bowman had a liability policy issued by State Farm with facial limits of $50,000. Both policies provided additional coverage for prejudgment interest and attorney’s fees under Civil Rule 82 and both have uninsured and underinsured motorist coverage (hereinafter U coverage). McCallum, as a passenger in Bowman’s car, was an additional insured under the U coverage of Bowman’s policy.

In June of 1993, State Farm paid the personal representative of McCallum’s estate $100,000 under the U coverage of the McCal-lum policy and $55,998 under the U coverage of the Bowman policy, representing facial limits of $50,000 plus prejudgment interest of $5,998. These payments were not made in exchange for a release. The personal representative claimed that total coverage under both policies should include costs and Civil Rule 82 attorney’s fees and that prejudgment interest was also due under the McCallum policy.

The personal representative brought a claim in district court against State Farm seeking sums representing the alleged additional coverage under the U coverage of the McCallum and Bowman policies. Both parties moved for summary judgment. District Court Judge William H. Fuld ruled in favor of the personal representative. Judge Fuld noted that insurance companies are statutorily required to “offer uninsured and underin-sured motor vehicle coverage with limits at least equal to those of liability coverage.... ” Because the “parties agree[d] that State Farm had to offer Rule 82 attorney fee coverage and pre-judgment interest under the liability policies issued in this ease,” Judge Fuld reasoned that the limits of the liability coverage included attorney fee and prejudgment interest coverage and therefore those limits had to be offered as part of the U coverage.

[1024]*1024State Farm appealed to the superior court. The personal representative cross-appealed, arguing that the district court had erred in failing to calculate attorney’s fees under the “contested with trial” column of Civil Rule 82(b).

In the superior court the parties stipulated that the Estate of McCallum had not been fully compensated and that the question presented to the court was “a legal issue as to the amount due as a ‘policy limits’ settlement from State Farm. The parties stipulate that State Farm will pay ‘policy limits’ as determined by the court.”

The superior court ruled in favor of the personal representative. Following oral argument, Superior Court Judge Joan M. Woodward entered the following order on record:

[M]y ruling is going to be to agree with the plaintiff appellee.... I think that under Statute [21.89.020(c) l,1 the insurance company has to offer the same limits of liability for UI, or same policy limits, as are offered under the liability insurance. In this case the liability insurance includes interest on judgment for that part of the judgment that the insurance company pays, and Rule 82 fees for contested case up to, again, the policy limits. And clearly here State Farm has, as it is entitled to do, limited its attorney fees beyond what otherwise [would] have been required under say Schultz [v. Travelers Indemnity Co., 754 P.2d 265 (Alaska 1988) ], which would allow fees based on a projected verdict as opposed to based on the policy limits.

The superior court denied State Farm’s petition for rehearing and remanded the case to the district court for entry of a final judgment. State Farm petitioned this court for hearing. We granted the petition.

II. POLICY AND STATUTORY LANGUAGE

The following policy provisions are relevant to our decision. The declaration sheet of the Bowman policy2 provides:

COVERAGES

A BODILY INJURY .... LIMITS OF LIABILITY — COVERAGE A — BODILY INJURY

EACH PERSON 50,000

U UNINSURED AND UNDERINSURED MOTOR VEHICLE LIMITS OF LIABILITY — U—BODILY INJURY EACH PERSON 50,000

The insuring agreement under liability coverage A contains a promise to “pay damages which an insured becomes legally liable to pay because of: (a) bodily injury to others[.]” Further, State Farm promised:

In addition to the limits of liability, we will pay for an insured any costs listed below resulting from such accident.
1. Court costs of any suit for damages.
2. Interest on damages owed by the insured due to a judgment and accruing:
a. after the judgment and until we pay, offer or deposit in court the amount due under this coverage; or
b. before the judgment, where owed by law, but only on that part of the judgment we pay.
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The most we will pay for attorney fees taxed against an insured under Rule 82 of the Alaska Rules of Civil Procedure is the amount allowed under that Rule for a contested case with a judgment equal to the [1025]*1025applicable limit of liability of this policy. The insured will be responsible for any attorney fees taxed beyond this amount.

Coverage U provides in relevant part:

We will pay damages for bodily injury an insured is legally entitled to collect from the owner or driver of an uninsured motor vehicle or an underinsured motor vehicle. The bodily injury must be caused by accident arising out of the operation, maintenance or use of an uninsured motor vehicle or an underinsured motor vehicle.

Limits of Liability — coverage U:

5. The most we pay will be the lesser of:
a. the difference between the amount of the insured’s damages for bodily injury or property damage, and the amount paid to the insured by or for any person or organization who is or may be held legally liable for the bodily injury or property damage; or
b. the limit of liability of this coverage.

Limits of Liability — coverage UI:

3. The most we pay will be the lesser of:
a. the difference between the amount of the insured’s damages for bodily injury, and the amount paid to the insured by or for any person or organization who is or may be held legally hable for the bodily injury; or
b. the limit of liability of this coverage.

Alaska Statute 21.89.020 applies to the policies. Relevant to this case is subsection (c)(1) which provides:

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STATE FARM MUT. AUTO. INS. v. Harrington
918 P.2d 1022 (Alaska Supreme Court, 1996)

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Bluebook (online)
918 P.2d 1022, 1996 Alas. LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-co-v-harrington-alaska-1996.