Coble v. Bowers12/4/1990
Rehearings Denied February 11, 1991.
Certiorari Denied April 9, 1991.
NORMAN J. COBLE, APPELLANT,
v.
MELINDA BOWERS, FIRST STATE BANK, AND FIRST LIFE ASSURANCE COMPANY, APPELLEES.
Appeal from the District Court of Cherokee County; William H. Bliss, Trial Judge.
Tom C. Lane, W.C. "Bill" Sellers, Inc., Sapulpa, for appellant.
Carl D. Hall, Jr., Nichols, Wolfe, Stamper, Nally & Fallis, Inc., Tulsa, for appellees Bowers and First State Bank.
George W. Dahnke, Hastie and Kirschner, Oklahoma City, for appellee, First Life Assur. Co.
REVERSED AND REMANDED.
The opinion of the court was delivered by: MEANS, Judge.
Plaintiff Norman J. Coble appeals the summary judgment granted in favor of defendants Melinda Bowers, First State Bank, and First Life Assurance Co. Defendant Security Life Assurance Co. was dismissed without prejudice prior to judgment and is not a party to this appeal. Having reviewed the record and applicable law, we affirm in part, reverse in part and remand.
In 1985, Bank loaned Coble $15,141.16 to purchase a truck. In connection with the loan, Coble decided to purchase credit disability insurance and filled out an application to First Life. The premium was financed as part of the loan.
First Life refused to issue credit disability insurance unless credit life was also purchased. Bank assistant vice president Bowers was unaware of this when Coble took out his loan. When she learned that Coble's application had been denied, she instructed First Life to write a credit life policy for Coble and to credit Bank with the difference in premium. This difference was then applied to reduce Coble's loan balance. Bowers claims that she mailed Coble a copy of the policy as written, but Coble denies ever receiving any notice that his disability application had been rejected.
In 1986, Coble presented First Life with a disability claim, which First Life denied. Coble then filed this action. His petition alleged that:
3. Defendant, BOWERS, represented to plaintiff that in the event of his disability, the loan that he was securing would be paid.
4. The material representations of defendant, BOWERS, were false and were a failure of the defendants to deal fairly and in good faith with plaintiff.
5. Unfortunately, Mr. Coble acted upon this misrepresentation and purchased the disability insurance with his loan.
6. In 1986, NORMAN COBLE, suffered disability.
7. Defendant, when presented with a claim upon this disability portion of the loan, denied payment.
8. Defendant, BOWERS and the defendant entities fraudulently misrepresented and deceived NORMAN J. COBLE.
9. Defendants failed to act fairly and in good faith with NORMAN J. COBLE.
Coble prayed for $1,520,000 in damages, representing the unpaid balance of the loan, damages for emotional distress, and punitive damages.
It was undisputed that Bank had never sought to enforce further payment of the loan. It eventually released its security interest in the truck.
In 1987, Coble filed for bankruptcy under Chapter 7 of the U.S. Bankruptcy Code. Pursuant to 31 O.S.Supp. 1987 ยง 1 (A)(21), the bankruptcy court ordered that Coble's interest "in a claim for personal bodily injury . . . for a net amount not in excess of Fifty Thousand Dollars ($50,000.00), but not including any claim for exemplary or punitive damages," was exempted from the b
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