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Globe American Casualty Co.5/30/2003
court erred in not granting it a directed verdict or a judgment notwithstanding the verdict because it was at least a "debatable issue" whether Globe was acting in bad faith for failing to offer a full settlement under both policies rather than first requiring a settlement under the Mills policy. Globe cites the portion of the Wittmer case which holds that an insurer is entitled to challenge a claim that is "debatable on the law or the facts." Wittmer, 864 S.W.2d at 890. Globe also notes that the Bowmans introduced expert testimony that the Mills' policy limits and the Bowmans' policy limits should have been offered simultaneously but that the testimony also revealed that reasonable minds could differ on the issue.
Globe's argument in this regard is related to its previous argument. The Bowmans respond in much the same way they did to that argument. Further, citing the Coots case, the Bowmans argue that a UIM carrier "cannot refuse to negotiate a one million dollar claim until the UIM insured can process a claim against the tortfeasor covered by a $25,000 limit liability policy to judgment." Coots, 853 S.W.2d at 902. The Bowmans assert that this is particularly true where Globe was the insurer under both policies. We agree.
In addition to the three arguments raised above, Globe maintains that there was simply a lack of evil motive or bad faith on its part in the settlement of the claims. They contend that " here was at best a lack of communication between Globe and the Bowmans after Karen Talmadge left Globe some time after October 23, 1996, and the reassignment of the file to Pattylyn Taueg in late December." Without again reviewing the evidence presented at trial, we conclude there was sufficient evidence to support the jury's verdict on each of the ten interrogatories decided in favor of the Bowmans on their bad faith claims.
The judgment of the Whitley Circuit Court is affirmed.
ALL CONCUR.
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