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Badillo v. Mid Century Insurance Co.6/21/2005
that, at a minimum inferentially, cast doubt on the reasonableness of insurers' handling of the claim, including the reasonableness of the response by insurers to the request of Smith's lawyers for insured's statement. At trial, however, he explained that facts outside the claims file had come to his attention and, essentially, a regional claims manager from Kansas City and/or an in-house attorney had told him about thirty (30) days prior to trial that a policy holder (i.e., an insured) should never be offered for a prelitigation statement. He then basically testified to the view or opinion that the Smith claim was handled properly.
A trial judge has discretion in deciding whether evidence offered by a party is relevant. Myers v. Missouri Pacific Railroad Co., 2002 OK 60, 36, 52 P.3d 1014, 1033. Also, as a general matter, a trial court's rulings either admitting or rejecting evidence on the basis of its relevancy or the lack thereof will not warrant reversal of the judgment under review absent a clear abuse of discretion. Id. We find no clear abuse of discretion here.
In our view, at least some testimony from Harding concerning the claim was relevant as he was the branch claims manager at the local office of insurers that had the responsibility over the Smith claim and its handling. Plainly, in view of his position and his long experience in the claim handling field, he was a competent witness as to the procedures and practices concerning good claims handling. Although he may not have been active in the day-to-day handling of the claim prior to April 17, 2000, his review of the Smith claims file, coupled with his experience and his position at the local office handling the claim, would seem to have afforded him sufficient knowledge to opine and comment on the handling of the claim. Further, the purported reasons for any discrepancies between his deposition and trial testimony were made known to the jury and insurers were not foreclosed from eliciting from him the alleged fact that some of his earlier deposition testimony might have been in error, as based on less than adequate knowledge of the complete circumstances involved with insurers handling of the Smith claim.
To us, the matter of Harding's testimony was one involving credibility and the weight to be given to his testimony and, as such, involved fact-based issues for the jury's determination. Questions concerning witness credibility are for the jury's consideration. Florafax International, Inc. v. GTE Market Resources, Inc., 1997 OK 7, 933 P.2d 282, 287. Neither § 2602 nor § 2701 provided a barrier to testimony from Harding challenged by insurers on appeal and insurers have failed to show admission of any testimony from him requires reversal for a new trial.
INSURED'S COUNTER-APPEAL
PART VII. THE TRIAL COURT DID NOT ERR IN DIRECTING A VERDICT IN FAVOR OF INSURERS ON THE ISSUE OF PUNITIVE DAMAGES
By way of counter-appeal, insured challenges the trial court's directed verdict to insurers on the issue of punitive damages. In effect, the trial court found no competent evidence of conduct rising to the level of reckless disregard or malice on the part of insurers to warrant submission of that issue to the jury. Our review of the trial record confirms that conclusion.
As applicable to this case, 23 O. S. 2001, § 9.1 provides that a jury may award punitive damages if it finds, by clear and convincing evidence, that an insurer has recklessly disregarded its duty to deal fairly and act in good faith with its insured [§ 9.1(B)] or an insurer has intentionally and with malice breached said duty. § 9.1(C)(2). In that punitive damages are only allowable under § 9.1 when,
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