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Badillo v. Mid Century Insurance Co.6/21/2005
ying out the mandate of the Oklahoma Constitution that "speedy and certain remedy afforded for every wrong and for every injury to person, property, or reputation. . . ." Okla. Const. art. 2, § 6. The Constitution further provides "that right of trial by jury shall be and remain inviolate. . . ." Id. at art. 2, § 19; see 12 O.S.2001, § 556. After carefully considering the law and evidence of this case, I am resolved that the trial judge correctly submitted the breach of good faith and fair dealing issue to the jury.
Under the evidence in this case, these issues must be submitted to a jury. Without this evidence of conduct by this insurance company, there would have been no case to submit to the jury. If insurance companies wish to prevent bad faith cases, then they must govern themselves in accordance with the law and the terms of the insurance products they market and sell. When that day comes, then bad faith cases will become a relic of the past.
The dissent mistakenly views this case as involving the duty to pay. The duty of good faith and fair dealing of the insurance company does, in fact and law, involve more than simply paying a claim. It extends to the settlement and defense of a claim. However, nothing in the majority opinion or this special concur would obligate the insurance company to offer to pay some amount greater than the liability policy limits in settling with a third party.
This jury was properly instructed and reached its verdict based upon the law and evidence. I can find no preserved evidentiary, factual or legal error in the jury's verdict. It should remain undisturbed.
WINCHESTER, V.C.J., dissenting.
Today, the majority hands down a landmark case that is the first to hold an insurance company violated its duty of good faith and fair dealing to its insured, despite its timely settlement offer of the insured's policy limits and the third party victim's subsequent acceptance of that offer. In so doing, the majority discards, without reference, our established precedent that:
"Tort liability arises only where there is a clear showing that the insurer unreasonably, and in bad faith, withholds payment of the claim of its insured. Because withholding payment is a necessary element of a claim for bad faith in refusing to pay a legitimate claim, the actions of an insurer after payment is made cannot be the basis of the bad faith claim. Because disagreements can arise concerning the amount of coverage, cause of loss, and breach of policy conditions, the tort of bad faith does not prevent the insurer from resisting payment or resorting to a judicial forum to resolve a legitimate dispute."
Skinner v. John Deere Insurance Company, 2000 OK 18, 16, 998 P.2d 1219, 1223.
Accordingly, I respectfully dissent.
The facts of this cause are as follows. Mario Badillo, insured driver and appellee/counter appellant herein, struck a pedestrian, Loretta Smith, (victim) in a crosswalk with his vehicle. She sustained severe injuries that resulted in medical expenses exceeding $700,000.00. Mid Century Insurance Company, one of the appellants/counter appellees, was the liability insurer of Badillo's vehicle. Badillo's insurance contract carried a policy limit of $10,000.00.
Smith's sister employed lawyers on Smith's behalf, who contacted Mid Century's adjuster. At their request, appellants sent them a check for the policy limits, along with a release. They refused the release, absent a statement from Badillo. The claims adjuster refused to produce Badillo for a statement, to protect him from potential criminal liability.
Smith's attorneys then employed a tria
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