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Guidry v. Millers Casualty Insurance Company6/21/2002
CARTER, J. Concurs
In this personal injury action, the general damages and penalty awards resulting from a prior jury trial were increased by the trial court after a new trial. The plaintiffs' uninsured/underinsured motorist insurer now appeals that judgment. For the following reasons, the judgment is amended and, as amended, affirmed.
Facts and Procedural History
Rose M. Guidry (Guidry) was injured when the vehicle she was driving on April 2, 1997, was broad-sided by a vehicle that was driven by Denise Pharagood (Pharagood) at the intersection of Louisiana Highway 1 and Canal Boulevard in Thibodaux, Louisiana. Pharagood was covered by a policy of liability insurance issued by Millers Casualty Insurance Company (Millers) with a liability limit of $10,000. Guidry and her husband filed suit against Pharagood, Millers, and Allstate Insurance Company (Allstate), in its capacity as their uninsured/underinsured motorist (UM) and medical payments insurer, seeking damages for the injuries and loss of consortium sustained as a result of this accident. On October 5, 1998, Millers tendered its $10,000 policy limit to the Guidrys in exchange for a release of any further liability as to Millers and Pharagood. Proof of this settlement was forwarded by Guidry to Allstate along with copies of Guidry's medical records and expenses. By letter dated October 9, 1998, Guidry demanded that Allstate make a reasonable tender pursuant to her UM coverage. Later that same month by letter dated October 23, Guidry demanded payment of itemized medical expenses pursuant to her medical payments coverage. By separate checks dated January 12, 1999, Allstate paid Guidry the full amount of her medical payments coverage ($5,000) and tendered an additional $5,000 under her UM coverage.
This matter proceeded to trial by a jury against Allstate on the sole issue of damages. The Guidrys sought additional monies under their UM coverage, as well as penalties and attorney fees under LSA -R.S. 22:658(B)(1) on account of Allstate's failure to remit payment of medical expenses and to make a reasonable UM tender within 30 days after receipt of satisfactory proof of loss and demand for payment by them. The jury made the following awards to Guidry on account of the injuries and damages caused by Pharagood:
$15,000.00 pain and suffering and mental anguish
$5,000.00 disability
$7,712.48 past medical expenses
$1,000.00 future medical expenses
$7,178.12 attorney fees
In addition to these awards, the trial court's judgment contained an award of $1,871.24 in penalties based on the jury's finding that Allstate was arbitrary and capricious or without probable cause in failing to timely pay or tender a reasonable amount to the Guidrys for their claims for damages under the UM coverage provision of their policy and for medical benefits under the medical payments provision of their policy.
Subsequently, the Guidrys filed a motion for a judgment notwithstanding the verdict (JNOV) and, alternatively, a new trial or an additur. The trial court denied the Guidrys' motion for JNOV and an additur, but granted a new trial as to the issue of damages. In conjunction with the new trial, the Guidrys stipulated that neither of their claims exceeded $50,000, exclusive of interest and costs. Pursuant to this stipulation, the retrial was decided by the trial court, without objection by Allstate, based on the evidence previously presented to the jury. The trial court determined that Guidry was entitled to $50,000 in general damages and $7,712.48 in past medical expenses, subject to a $50,000 monetary cap pursuant to the stipulation of c
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