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Hern v. Safeco Insurance Co. of Illinois11/29/2005
Submitted on Briefs: May 11, 2005
Safeco Insurance Company of Illinois (Safeco) appeals multiple issues arising out of a civil jury trial held in the Twentieth Judicial District, Lake County. We affirm in part and reverse in part.
ISSUES
A restatement of the issues on appeal is:
Did the District Court err in granting the Herns' combined Motion for Summary Judgment and Motion to Strike Affirmative Defenses and in denying Safeco's Motion for Summary Judgment?
Did the District Court abuse its discretion by instructing the jury to award compensation to the estate of Becky Hern for the value of household services performed by Becky and for the loss of Becky's ability to pursue an established course of life?
Did the District Court abuse its discretion by instructing the jury on loss of consortium damages?
Did the District Court abuse its discretion by permitting the jury to apportion damages under a "special verdict" form?
Did the District Court err in awarding the Plaintiffs damages in excess of the $2,000,000 (two million dollar) policy limit through the addition of interest?
FACTUAL AND PROCEDURAL BACKGROUND
Becky Hern (Becky), the daughter of Ardell and Robert Hern (Herns), was killed in a motorcycle accident in June 1992. The motorcycle was driven by her uninsured fiancee. Becky, who was living with her parents at the time of her death, had an automobile insurance policy with American Economy Insurance Company (American Economy) that provided $300,000.00 uninsured motorist (UM) coverage. The Herns also carried a multi-car automobile insurance policy with Safeco, which insured four of their vehicles. The Safeco policy had a $500,000.00 UM limit per vehicle.
In March 1993, Ardell Hern, acting individually, as Personal Representative of the Estate of Becky Hern, and on behalf of the heirs, together with Robert Hern and Becky's sister, Lisa Hern, entered into a structured cash settlement with Safeco and American Economy valued at approximately $355,398.00. Prior to settlement, Safeco took the position that the multi-car policy purchased by the Herns provided a maximum of $500,000.00 UM coverage. Had the Herns been able to "stack" the UM coverage provided for each of their four vehicles, the maximum UM coverage would have been $2,000,000.00.
In 1997, several Safeco and American Economy insureds, including Steven Seltzer, filed a class action suit against these and other insurance carriers. The claimants argued that Safeco charged them multiple premiums for providing UM coverage on multiple vehicles but had no intention of providing coverage beyond that afforded to a single vehicle. In other words, they maintained that Safeco had taken the same position with the class action claimants as it had with the Herns.
In August 2001, the parties to the class action entered into a Settlement Agreement and Stipulated Judgment (Seltzer Settlement or Settlement). As a result of the Seltzer Settlement, insureds who purchased UM coverage for multiple cars, but whose claims were negotiated under the premise that only a single UM coverage applied, were able to have their claims reopened and readjusted. The district court defined the certified class action members as:
All Montana citizens who, prior to May 2, 1997, were insured by Safeco Insurance Company of Illinois [other insurers omitted] for uninsured motorist (UM) coverage and the named insured paid premiums on more than one vehicle under the same policy.
Under the terms of the Settlement, the insurers were required to identify and notify the class me
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