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Munster v. Smith11/29/2005
Panel composed of Judges Thomas F. Daley, Marion F. Edwards, and Walter J. Rothschild
AFFIRMED
This suit arises from an automobile accident. Plaintiffs filed suit for injuries sustained against the alleged tortfeasor, Jennifer R. Smith, her insurer, American National Property and Casualty Co., as well as plaintiffs' uninsured motorist carrier, Allstate Insurance Company. Prior to trial, plaintiffs settled their claims with the tortfeasor and her insurer and the matter proceeded to trial solely against Allstate. Following a bench trial, the trial court rendered judgment in favor of Allstate, dismissing plaintiffs' petition against them. Plaintiffs now appeal from this judgment. We affirm.
Tammy Marie Munster and her son, Edward Munster, III were injured in an automobile accident on June 30, 1999 involving the Munster vehicle and a vehicle being driven by defendant, Jennifer Smith. Jennifer Smith was insured by American National Insurance Company with policy limits of $50,000 per person/$100,000 per accident. Tammy Munster and her husband, Edward Munster, Jr., settled their claims against Smith and her insurer for a total sum of $46,000, and they settled Edward Jr.'s claims against these defendants for $5,000.
Plaintiffs then pursued their claim for underinsured motorist coverage against Allstate. In their petition, Tammy Munster and her husband, Edward Munster, Jr., claim that they sustained damages greater than the insurance payment received from Smith and her insurer. Further, they contend that under the terms of the Allstate policy, they are entitled to reimbursement of the medical expenses sustained by their son, Edward Munster, III. In addition, plaintiffs sought penalties pursuant to the provisions of La. R.S. 22:658 and La. R.S. 22:1220.
In rendering judgment in favor of Allstate, the trial court stated in its reasons for judgment:
After considering the law, the evidence, and the argument of counsel, the Court finds that plaintiffs, Tammy Munster and Edward Munster, Jr., individually and on behalf of Edward Munster III, have failed to meet their burden of proof in establishing an uninsured motorist claim against Allstate Insurance Company. The Court finds that the amounts plaintiffs received in the underlying settlement with American National far exceeds the value of their claims. As a result, plaintiffs have failed to establish any arbitrary and capricious claim for bad faith against defendant, Allstate Insurance Company. Furthermore, plaintiffs' claims for medical payments were extinguished in the underlying settlement.
By their appeal, plaintiffs contend that the trial court's judgment was manifestly erroneous in its assessment of medical treatment and damages. Plaintiffs also contend that the trial court was manifestly erroneous in its assessment of the economic losses suffered by Tammy Munster in the loss of tuition credits for her children. Finally, plaintiffs contend that the trial court manifestly erred in failing to find defendant in violation of La. R.S. 22:658.
Appellate review of factual determinations by the trial court is the manifest error-clearly wrong standard. An appellate court is precluded from setting aside a trial court's findings of fact unless the findings are clearly wrong in light of the entire record. Roselle v. ESCO, 549 So.2d 840 (La. 1989). Further, with regard to a damage award, the discretion vested in the trier of fact is great, "even vast," so that an appellate court should rarely disturb an award of general damages. Youn v. Maritime Overseas Corp., 623 So.2d 1257, 1261 (La.1993), cert. denied, 510 U.S. 1114, 114 S.Ct. 1059, 127 L.Ed.2d 379 (1994). Reasonable persons fr
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