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Shelter Mutual Insurance Company v. Barton9/7/2001
ed to cause the accident.
Medley paid Batchelor $1,500 on March 4, 1997, in settlement of her personal-injury claim. The notes in Medley's claims file reflect that as of March 4, 1997, both Barton's and Vaden's personal-injury claims were still outstanding. Medley received a letter from Barton's attorney on May 14, 1997, notifying him that Barton had retained counsel. On June 16, 1997, Barton's attorney faxed Medley a letter, stating that Shelter had denied payment of the medical expenses claimed by Barton and demanding payment of those expenses under the policy. The letter made no demand for uninsured-motorist benefits. On June 17, 1997, Medley settled Vaden's medical claim under the policy for $50,000.
On June 20, 1997, Barton sued Vaden and Shelter in the Marion Circuit Court. Barton's complaint alleged that Vaden's negligence had caused the accident and that because Vaden was uninsured at the time of the accident, Barton was entitled to uninsured-motorist benefits under Walters's Shelter policy. The complaint also alleged that Barton was a third-party beneficiary of the insurance contract between Shelter and Walters, and that Shelter's refusal to pay the medical-expense coverage available under the policy was a breach of that contract. Based on the alleged breach of contract, Barton also claimed that Shelter had acted in bad faith by refusing to pay the medical-expense coverage available under the policy. Barton's complaint also alleged that Shelter had committed the tort of outrage by refusing to pay the medical-expense coverage under the policy. Before trial, Barton voluntarily dismissed the bad-faith claim regarding Shelter's failure to pay the medical-expense benefits under the policy and the claim alleging the tort of outrage. Medley, still unaware of Alabama's Guest Statute, was planning to offer Barton the remaining policy limits of $48,500 in settlement of her personal-injury claim.
On September 4, 1998, this Court released its opinion in Hogan v. State Farm, 730 So. 2d 1157 (Ala. 1998) (overruled on other grounds, Williamson v. Indianapolis Life Ins. Co., 741 So. 2d 1057 (Ala. 1998)), which held that when the Alabama Guest Statute bars a passenger's claim against an insured driver, the passenger may still recover uninsured-motorist benefits from his own insurer. After our opinion in Hogan was released, Barton amended her complaint to allege that Walters's negligence had caused, or contributed to, the accident and that Barton was due uninsured-motorist benefits under the Shelter policy as a result of Walters's negligence. Barton recast her bad-faith claim to allege that Shelter had acted in bad faith by refusing to pay uninsured-motorist benefits, because, she argues, her injuries were the result of Walters's negligence and/or Vaden's negligence.
On October 11, 1999, Shelter moved for a summary judgment on all remaining claims. The trial court denied Shelter's motion and the case proceeded to trial. At the close of the evidence, Shelter moved for a judgment as a matter of law ("JML"). The trial court denied that motion and submitted Barton's breach-of-contract and bad-faith claims to the jury. On November 18, 1999, the jury returned a verdict in favor of Barton, awarding her $250,000 on her breach-of-contract claim, $250,000 in compensatory damages on her bad-faith claim, and $200,000 in punitive damages. The trial court entered a judgment on that verdict.
On December 7, 1999, Shelter moved renewed its motion for a JML, or, in the alternative, for a new trial. The trial court denied that motion; this appeal followed.
Analysis
This appeal arises from the trial court's denial of a JML; therefore, we apply the same
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