Valley Improvement Ass'n v. Hartford Accident & Indemnity Co.

863 P.2d 1047, 116 N.M. 426
CourtNew Mexico Supreme Court
DecidedOctober 26, 1993
Docket20315
StatusPublished
Cited by16 cases

This text of 863 P.2d 1047 (Valley Improvement Ass'n v. Hartford Accident & Indemnity Co.) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Valley Improvement Ass'n v. Hartford Accident & Indemnity Co., 863 P.2d 1047, 116 N.M. 426 (N.M. 1993).

Opinion

OPINION

FROST, Justice.

In this case we consider whether a final judgment was rendered in a declaratory action brought by an insured to establish its insurer’s contractual obligations of defense and indemnification. The district court ruled that the insurer was liable to the insured, but it expressly reserved jurisdiction to rule later on the amount of the damages award, including the percentage of defense and liability costs the defendant-insurer would owe in light of certain non-party insurers’ contributory liability. Because the district court awarded damages but failed to quantify them, the district court’s judgment was not final. We therefore dismiss the appeal for lack of jurisdiction.

PROCEDURAL HISTORY

Plaintiff-appellee Valley Improvement Association, Inc. (“VIA”) filed a declaratory action for damages against defendant-appellant Hartford Accident and Indemnity Company (“Hartford”). Pursuant to its Hartford insurance policies, VIA sought judgment declaring that Hartford must indemnify it for any liability resulting from Yates Exploration, Inc. v. Valley Improvement Association, Inc., No. VA-86-61-CV (N.M.Dist.Ct. filed Feb. 13, 1986) (the “Yates” action), a lawsuit alleging various types of misconduct by VIA regarding its management and development of certain investment property in central New Mexico. VIA also sought a declaration that Hartford must pay for its defense of the Yates action. Insurance Company of North America, Inc. (“INA”), an insurer of VIA that voluntarily assumed its duty to defend VIA in the Yates action, intervened on the side of VIA.

While this declaratory action was pending, VIA and INA brought a similar lawsuit in federal district court against seven other insurance companies. Valley Improvement Association, Inc. v. Atlanta International Insurance Co., No. CIV 88-0846 SC (D.N.M. filed July 19, 1988), (the “federal” action). The seven defendants in the federal action were, like Hartford, alleged to have a duty to defend and indemnify VIA for expenses of the Yates litigation. The federal action has been stayed pending our resolution of this appeal. The seven defendant-insurers in the federal action are not parties to the declaratory action before us against Hartford.

After trial on the merits, the district court concluded that Hartford had a duty to defend and indemnify VIA in the Yates action, but the court expressly left certain matters open for later resolution. The court specifically held that “Hartford is liable to indemnify VIA for all amounts paid to date by VIA to defend or settle the Yates Action,” that “Hartford is obligated to contribute to the costs of defense incurred by both VIA and INA in defending the Yates Action,” and that for INA’s cost of defending the Yates action, “Hartford is obligated to make full and complete contribution to INA.” The trial court further stated in its conclusions of law:

15. VIA is entitled to receive damages as a result of Hartford’s breach of contract and this Court shall retain jurisdiction for the purpose of determining damages owed by Hartford to VIA.
19. The Court will hold in abeyance and retain jurisdiction of this matter Findings of damages and attorney fees until the pending Federal case between VIA and its other liability insurers is resolved in Federal Court.
The Court will use the formula for contribution to be developed by the Federal Court to determine which parties are liable for what amounts, and specifically the contributions that will be made by Defendant, Hartford to Plaintiffs, VIA and INA.

The district court’s Final Judgment and Order of November 1, 1991 fully incorporates these conclusions of law. The order states:

5. Hartford is liable to VIA for damages caused by Hartford’s breach of the [Hartford insurance policy] issued to VIA, including, but not limited to, loss of income on funds advanced by VIA to pay defense costs in the Yates Action, attorney’s fees and costs incurred by VIA in defense of the Yates Action and in prosecuting this case, and amounts paid to settle with Plaintiffs in the Yates Action.
8. The Court shall retain jurisdiction for the purposes of apportioning Hartford’s liability for the continuing duty to defend and indemnify VIA in the Yates Action until this Court is satisfied that it can reasonably determine all damages, contribution amounts, attorneys fees and future legal expenses for which Hartford is liable to INA and VIA. Otherwise, this Court will use the formula for contribution developed in pending final judgments in [the federal action].
This Court shall retain jurisdiction to determine the percentage of liability and damages to be assigned each party.

DISCUSSION

In Principal Mutual Life Insurance Co. v. Straus, 116 N.M. 412, 863 P.2d 447 (1993), we discussed the final judgment rule, the attorney’s fees exception to the final judgment rule adopted in Kelly Inn No. 102, Inc. v. Kapnison, 113 N.M. 231, 824 P.2d 1033 (1992), and the distinction between Kelly Inn-type attorney’s fees and awards of compensatory damages that include attorney’s fees from previous litigation. The concepts addressed in Principal Mutual are applicable and dispositive here.

When the issue of damages is before the district court, whether the action pursues coercive or declaratory relief, a judgment or order that reserves the issue of assessment of damages for future determination is not a final judgment for purposes of appeal. Principal Mutual, 116 N.M. at 413, 863 P.2d at 448. There is strong policy in New Mexico disfavoring piecemeal appeals, and although some judgments are appealable even though further proceedings are necessary to implement them, it is clear from our recent holding in Principal Mutual that quantification of damages is integral to the question of liability on the merits. Thus, if damages are awarded, they must be quantified precedent to final judgment and appeal. This rule is not applicable when the issue of damages is properly severed from a case adjudicating liability as may be done in some suits for declaratory relief.

The district court’s judgment was not final because it failed to quantify damages awarded to VIA and INA on its claim for indemnification against Hartford. The district court found Hartford liable for compensatory damages assessed against VIA in the Yates action, the cost of defending the Yates action including VIA’s attorney’s fees for its defense of Yates, amounts paid by VIA to settle with some Yates plaintiffs, and future expenses of defending the Yates litigation. None of these damages were quantified, and the district court expressly retained jurisdiction to “determin[e] damages owed by Hartford to VIA,” and “to determine the percentage of liability and damages to be assigned each party.”

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Bluebook (online)
863 P.2d 1047, 116 N.M. 426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valley-improvement-assn-v-hartford-accident-indemnity-co-nm-1993.