State Farm Mutual Automobile Insurance Co. v. Noble

854 N.E.2d 925, 2006 Ind. App. LEXIS 2056, 2006 WL 2846978
CourtIndiana Court of Appeals
DecidedOctober 6, 2006
Docket45A03-0509-CV-449
StatusPublished
Cited by17 cases

This text of 854 N.E.2d 925 (State Farm Mutual Automobile Insurance Co. v. Noble) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals 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. Noble, 854 N.E.2d 925, 2006 Ind. App. LEXIS 2056, 2006 WL 2846978 (Ind. Ct. App. 2006).

Opinions

OPINION

BAKER, Judge.

Appellant-defendant State Farm Mutual Automobile Insurance Company (State Farm) appeals from: (1) the trial court's order granting judgment on the evidence in favor of appellees-plaintiffs Kathie and Dean Noble as to the existence of underin-sured motorist (UIM) coverage; (2) the jury's damages award to the Nobles on the UIM claim; and (8) the jury's verdict on the Nobles' bad faith claim together with the award of damages thereon.

We find that a question of fact remains on the UIM claim such that judgment on the evidence was improper. Consequent ly, we reverse the judgment of the trial court, vacate the jury verdicts and damages awards on the Nobles' breach of contract and bad faith claims, and remand with instructions to hold a trifurcated trial as explained herein.

FACTS1

The Nobles are a married couple, and for thirty years, they have obtained all of their insurance through State Farm. Kathie and Dean have historically operated as a "team" regarding insurance matters. Appellant's App. p. 131. Their practice was to discuss insurance transactions together, and, following their discussion, Dean conducted the transaction by telephone or in person. Before May 3, 1996, the Nobles were insured under an automobile insurance policy issued by State Farm (the Underlying Policy). The Underlying Policy provided, among other things, liability coverage, medical payment coverage, and UIM coverage in the amount of $100,000 per person.

On May 8, 1996, Dean went to their State Farm agent's office to procure a personal liability umbrella policy (Umbrella Policy). Kathie did not accompany Dean. At the time Dean obtained the Umbrella Policy, he signed a document rejecting UIM coverage under that policy. Kathie admitted that Dean was acting for her when he signed the Umbrella Policy application and that she expected that the coverage he had purchased would apply to her. She also stated, however, that she had never authorized Dean to reject any coverage-including UIM coverage-on her behalf. After Dean procured the Umbrella Policy, State Farm mailed a bill to the Nobles with a declarations page outlining the coverage provided by the policy. The declarations page regarding the Um[928]*928brella Policy indicates that the only coverage provided under the policy was personal liability coverage, and Kathie admitted that the Nobles never paid for UIM coverage under the Umbrella Policy.

On July 12, 1997, Kathie was involved in an automobile accident in Crown Point. The other driver who was involved in the crash admitted that he was 100% at fault. The other driver, however, was underin-sured and ultimately settled with Kathie for $25,000, the full value of his insurance coverage.

At impact, Kathie was thrown forward and hit her knees under the dash of her vehicle. She sustained seatbelt burns and bruises across her chest and hips. Kathie was taken from the scene of the accident to the emergency room, where the doctors determined that Kathie had no fractures and released her with instructions to follow up with her regular doctor. Following the accident, Kathie, a hospital floor nurse, was unable to work for nearly two months. At that time, she earned $20.56 per hour.

Kathie's knees were bruised and swollen, and in the days following the accident, she continued to suffer pain in her left knee and had numbness and tingling in her left leg. She continued to seek medical treatment and was prescribed physical therapy, but her left knee pain persisted despite the physical therapy. One evening while Kathie was at work, her left leg completely gave out. An orthopedic surgeon ordered an MRI of her knee, which revealed a meniscus tear and cartilage damage in the left knee joint. The surgeon diagnosed Kathie with internal derangement of the left knee and recommended that she undergo arthroscopic surgery. On April 16, 1998, Kathie had the surgery, though she continued to suffer pain in her left knee thereafter. Ultimately, her doctor diagnosed her with a permanent injury, concluding that Kathie suffers a permanent partial impairment (PPI) of 8% of the whole person as a result of the collision. Kathie incurred $13,103.49 in medical bills.

Following the surgery, Kathie was on crutches for 24 hours and missed work for six weeks. Kathie has not been able to return to work full time because of continuing pain in her left knee. At the time of the surgery, Kathie earned $22.29 per hour. Kathie experienced a loss of wages through 1998 of $13,642.80, and she estimated future lost wages at approximately $10,000 per year and plans to work for fifteen more years. She continues to have difficulty performing household chores, especially those that involve bending, squatting, or going up and down stairs.

The Nobles reported the accident to State Farm on July 14, 1997. A claim representative assessed the coverage available to the Nobles, and in addition to noting the existence of various types of coverage under the Underlying Policy, the representative noted the existence-but not the applicability-of the Umbrella Policy. Because Dean had rejected UIM coverage when he applied for the Umbrella Policy, State Farm's master records indicated that the Umbrella Policy did not include UIM coverage. A State Farm team manager later reviewed the coverage available to the Nobles a second time, and, relying upon State Farm's master records, noted in the file that the Umbrella Policy did not include UIM coverage. The State Farm employees who handled the Nobles claim after that relied upon the team manager's notation that the Umbrella Policy did not provide UIM coverage.

State Farm began paying Kathie's medical bills on July 23, 1997, and between that date and the completion of Kathie's medical treatment, State Farm continued to pay medical bills as they were received. Kathie testified that State Farm "did a [929]*929great job" of paying her medical bills and the jury was instructed to that effect. Appellant's App. p. 82, 125; Tr. p. 358.

In November 1997, the Nobles filed a lawsuit against the driver of the other vehicle involved in Kathie's accident. In April 1998, the Nobles notified State Farm that they might have a UIM claim. In March 1999, the Nobles amended their complaint to include State Farm as a defendant, seeking recovery pursuant to the Underlying Policy's UIM coverage. They received $25,000-the liability limit of the other driver's insurance policy-from the driver's insurer in May 1999.

In June 1999, State Farm offered the Nobles $40,000 to settle their claim. In July 1999, a new State Farm claim representative was assigned to the Nobles claim. She reviewed Kathie's medical bills to verify that the bills related to the accident. She and her supervisor also determined that State Farm's offer of $40,000 was appropriate, based on the extent of Kathie's injuries, the type of surgery she had received, and that she had been assigned an 8% PPI rating.

Based on the PPI rating, State Farm decided in July 1999 to send Kathie for an Independent Medical Examination (IME), and refused to pay any proceeds from Kathie's policy until the IME took place. The IME was not performed until July 2001, and by State Farm's own admission, that delay was too long. Tr. p. 151. State Farm's claim representative did not receive a report regarding the IME until October 31, 2001.

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State Farm Mutual Automobile Insurance Co. v. Noble
854 N.E.2d 925 (Indiana Court of Appeals, 2006)

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Bluebook (online)
854 N.E.2d 925, 2006 Ind. App. LEXIS 2056, 2006 WL 2846978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-co-v-noble-indctapp-2006.