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Badillo v. Mid Century Insurance Co.6/21/2005
__ P.3d __
ORDER
Rehearing is granted. The June 8, 2004 majority and dissenting opinions in the above-styled matter are withdrawn and the opinion issued this date is substituted therefor. Further, appellee/counter-appellant's request for oral argument contained in his petition for rehearing is denied. The vote below is on the grant of rehearing and denial of oral argument only. The vote on the substituted opinion is shown thereon.
DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 20th OF JUNE, 2005.
WATT, C. J., LAVENDER, EDMONDSON, TAYLOR and COLBERT, JJ., and SUMMERS, S. J. (sitting by designation in lieu of KAUGER, J.), concur.
WINCHESTER, V. C. J., HARGRAVE and OPALA, JJ., dissent.
KAUGER, J., recused.
These appeals involve a suit by Mario Badillo, appellee/counter-appellant (insured) against Mid Century Insurance Company (MCIC) and Farmers Insurance Exchange (FIE), appellants/counter-appellees (insurers) for breach of the duty to act in good faith and to deal fairly with him as their insured. The case was tried to a jury, a verdict awarded insured $2,200,000.00 and judgment was entered thereon. Insurers appeal, contending trial court error in failing to direct a verdict for of one or both, and, alternatively, that other errors warrant reversal and a new trial. Insured counter- appeals, asserting trial court error in granting a directed verdict to insurers as to his punitive damage claim, and in denying his quest for attorney fees and prejudgment interest. We have retained the appeals. In that no reversible error has been shown, we affirm the trial court's judgment on the jury verdict and orders denying insured's quests for attorney fees and prejudgment interest.
PART I. GENERAL STANDARD OF REVIEW REGARDING ACTIONS AT LAW TRIED TO A JURY
In Florafax International, Inc. v. GTE Market Resources, Inc., 1997 OK 7, 933 P.2d 282 this Court set forth the general appellate standard of review concerning actions at law tried to a jury. This Court said in Florafax:
In an action at law, a jury verdict is conclusive as to all disputed facts and all conflicting statements, and where there is any competent evidence reasonably tending to support the verdict of the jury, this Court will not disturb the jury's verdict or the trial court's judgment based thereon. Where such competent evidence exists, and no prejudicial errors are shown in the trial court's instructions to the jury or rulings on legal questions presented during trial, the verdict will not be disturbed on appeal. In an appeal from a case tried and decided by a jury an appellate court's duty is not to weigh the evidence and determine which side produced evidence of greater weight, i.e. it is not an appellate court's function to decide where the preponderance of the evidence lies - that job in our system of justice has been reposed in the jury. In a jury-tried case, it is the jury that acts as the exclusive arbiter of the credibility of the witnesses. Finally, the sufficiency of the evidence to sustain a judgment in an action of legal cognizance is determined by an appellate court in light of the evidence tending to support it, together with every reasonable inference deducible therefrom, rejecting all evidence adduced by the adverse party which conflicts with it.
933 P.2d at 287. (citations omitted).
In plain language, we are not allowed to substitute our judgment for that of the jury merely because we would have decided or viewed disputed material fact questions differently than the jury. Where competent evidence was presented at trial to support reasonable findings as to those material fac
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