U.S.A. United Staffing Alliance, LLC v. Worker's Compensation Fund

2009 UT App 160, 213 P.3d 20, 632 Utah Adv. Rep. 30, 2009 Utah App. LEXIS 170, 2009 WL 1690921
CourtCourt of Appeals of Utah
DecidedJune 18, 2009
Docket20070928-CA
StatusPublished
Cited by14 cases

This text of 2009 UT App 160 (U.S.A. United Staffing Alliance, LLC v. Worker's Compensation Fund) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
U.S.A. United Staffing Alliance, LLC v. Worker's Compensation Fund, 2009 UT App 160, 213 P.3d 20, 632 Utah Adv. Rep. 30, 2009 Utah App. LEXIS 170, 2009 WL 1690921 (Utah Ct. App. 2009).

Opinion

OPINION

DAVIS, Judge:

T1 U.S.A. United Staffing Alliance, LLC (USA) appeals the trial court's grant and denial of several partial summary judgment motions. USA also appeals the trial court's grant of a directed verdict and a motion in limine, as well as an award of attorney fees in favor of Workers Compensation Fund (WCF). We affirm.

BACKGROUND

{2 USA is a professional employers organization that, among other things, secures workers' compensation insurance for the client companies it represents. In December 1999, USA purchased a Workers Compensation and Employers Liability Insurance Policy (the Policy) from WCF. The Policy was retrospective in nature, meaning that a portion of the premiums came due at the end of the plan year and were adjusted either upward or downward depending on that year's losses. According to the language of the Policy, WCF calculated retrospective premiums "using all loss information ... as of a date six months after the rating plan period ends."

13 USA failed to pay the full amount of the premiums for the years 2000 and 2001 and was in arrears for 2002. Accordingly, in June 2002, WCF cancelled the Policy. In March 2008, USA filed a preemptive lawsuit against WCF, alleging breach of contract, intentional interference with prospective economic advantage, defamation, breach of the implied covenant of good faith and fair dealing, and injurious falsehood. USA subsequently amended its complaint to include additional claims for pricing discrimination and facility discrimination under the Utah Unfair Practices Act (the Act), see Utah Code Ann. §§ 13-5-1 to -18 (2005 & 2008) 1 USA repeatedly alleged that WCF had engaged in a "campaign of attrition" against it and its client companies, and USA sought contractual, general, and punitive damages; prejudgment interest; and costs of the litigation. WCF counterclaimed for breach of contract, alleging that USA had failed to pay more than $600,000 in retrospective premiums for the years 2000, 2001, and 2002. USA answered the counterclaim and admitted that it incurred premiums but disputed the amount owed.

[ 4 In August 2005, USA filed a motion for partial summary judgment on the breach of contract issue. WCF subsequently filed motions for partial summary judgment on the issues of cancellation, defamation, the amount of premiums owed by USA, claims management, corporate officer exclusions, and delayed application processing. USA filed various motions in opposition to WCE's partial summary judgment motions.

*23 15 The trial court denied USA's motion for summary judgment on the breach of contract issue and granted WCE's motions on the issues of cancellation, defamation, 2 claims management, and corporate officer exclusions. The trial court also granted WCF's motion for summary judgment on the issue of premiums due to WCF, but the court denied the motion as to the amount owed, setting that issue for trial. Finally, the trial court denied WCE's motion for partial summary judgment regarding delayed application processing. 3

T6 A jury trial was conducted in June 2007 to determine the amount of premiums USA owed to WCF. At the conclusion of the evidence, WCF moved for a directed verdict pursuant to rule 50(a) of the Utah Rules of Civil Procedure, see Utah R. Civ. P. 50(a). WCF also sought attorney fees and costs in the amount of $252,604.39 pursuant to Utah Code section 81A-88-115, see Utah Code Ann. § 81A-88-115 (2005), and rules 54(d) and 73 of the Utah Rules of Civil Procedure, see Utah R. Civ. P. 54(d), 78. In ruling on the directed verdict, the trial court concluded that "there [was] no substantive evidence to dispute WCP's evidence of the amounts of premium [USA] owes for the years 2000 and 2001 full terms and the year 2002 partial term to the cancellation date in June 2002." (Footnote omitted.) Accordingly, the trial court granted the motion for a directed verdict that USA owed premiums totaling $720,511.55. Finally, the trial court awarded attorney fees but reduced the amount of the award from that sought by one third, to $147,549.98. Accordingly, the total amount of the judgment in favor of WCF, including costs and prejudgment interest 4 was $1,166,963.17. USA now appeals.

ISSUES AND STANDARDS OF REVIEW 5

17 USA raises sixteen issues on appeal, many of which pertain to the trial court's grant or denial of certain partial summary judgment motions filed during the course of the litigation. A trial court's grant or denial of summary judgment presents a legal question, which we review for correctness. See Krants v. Holt, 819 P.2d 352, 353 (Utah 1991).

*24 T8 Additionally, USA argues that the trial court erred in granting WCF's motion for directed verdict at the close of the evidence presented at trial.

When reviewing any challenge to a trial court's [grant] of a motion for directed verdict, we review the evidence and all reasonable inferences that may fairly be drawm therefrom in the light most favorable to the party moved against, and will sustain the [grant] if reasonable minds could [not] disagree with the ground asserted for directing a verdict.

Mahmood v. Ross, 1999 UT 104, ¶ 16, 990 P.2d 933 (internal quotation marks omitted).

19 USA also contends that the trial court erred in granting WCF'"s motion in limine on the issue of whether USA had offered sufficient evidence to prove a claim under the Act. "[A] trial judge is accorded broad discretion in determining how a trial shall proceed in his or her courtroom." Normandeau v. Hanson Equip., Inc., 2007 UT App 382, ¶ 29, 174 P.3d 1 (quoting Tschaggeny v. Milbank Ins. Co., 2007 UT 37, ¶ 16, 163 P.3d 615), cert. granted, 187 P.3d 232 (Utah Mar. 7, 2008) (No. 20071006). Accordingly, we will overturn a trial court's decision to grant a motion in limine only if it has abused its discretion in so doing. See Tschaggeny, 2007 UT 37, ¶ 16, 163 P.3d 615.

{10 Finally, USA argues that the trial court erred in granting an award of attorney fees because it failed to make specific findings regarding which fees were com-pensable and which were non-compensable. "[Wlhether the [trial court'sl findings are sufficient to support the award [of attorney fees] is a question of law reviewed for correctness." Foote v. Clark, 962 P.2d 52, 55 (Utah 1998).

ANALYSIS

I. Motions for Partial Summary Judgment

A. Breach of Contract/Cancellation of the Policy

T 11 USA argues that the trial court erred when it denied USA's motion for partial summary judgment on the question of whether WCF breached the insurance contract by cancelling the Policy in June 2002 for premiums owed for the 2000 and 2001 plan years. 6

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2009 UT App 160, 213 P.3d 20, 632 Utah Adv. Rep. 30, 2009 Utah App. LEXIS 170, 2009 WL 1690921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/usa-united-staffing-alliance-llc-v-workers-compensation-fund-utahctapp-2009.