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Badillo v. Mid Century Insurance Co.6/21/2005
ates creation of a fund comprised of any monies paid to insured by insurers as a result of this litigation. After payment of attorney fees, the balance of the fund is to be applied to satisfy Smith's judgment with any remaining balance to be paid to insured.
The instant case was tried to a jury. At the close of insured's evidence, insurers moved for a directed verdict on the claim of breach of the duty of good faith and fair dealing and on insured's claim for punitive damages. The trial court refused to direct a verdict on the former, but did direct a verdict for insurers on the latter, finding no evidence of reckless disregard or malice by insurers. The jury returned a general verdict of $2,200,000.00 for insured's financial losses, embarrassment, and mental pain and suffering. The trial court entered judgment on the jury verdict, but denied insured's post-trial quests for attorney fees and prejudgment interest.
At the trial of this matter, stated very generally, insurers' primary defense was that one or more of the Young-hired attorneys had no genuine intention of really attempting to settle the Smith claim for the $10,000.00 policy limit, but, instead, were engaged in a plan or scheme to set up insurers, i.e., they were attempting to manufacture a claim against insurers for breach of the duty of good faith and fair dealing. On appeal, insurers challenge the trial court's refusal to direct a verdict on the claim of breach of the duty of good faith and fair dealing and the trial court's failure to direct a verdict for FIE based on the argument it was not the insurer. Alternatively, insurers seek reversal and a new trial due to the trial court's exclusion of evidence concerning Smith's capacity during the period of time the Young-hired lawyers were dealing with insurers prior to filing a lawsuit against insured and based on other claimed trial court errors. Via his counter-appeal, insured challenges the trial court's directed verdict to insurers as to punitive damages. He also asserts trial court error in denying his quests for attorney fees and prejudgment interest.
INSURERS' APPEAL
PART III. THE TRIAL COURT DID NOT ERR IN DECLINING TO DIRECT A VERDICT FOR INSURERS AS TO INSURED'S CLAIM FOR BREACH OF THE DUTY OF GOOD FAITH AND FAIR DEALING
Insurers challenge denial of their motion(s) for directed verdict on insured's claim for breach of the duty of good faith and fair dealing. A denial of a motion for directed verdict is reviewed de novo. Computer Publications, Inc. v. Welton, 2002 OK 50, 6, 49 P.3d 732, 735. In Gillham v. Lake Country Raceway, 2001 OK 41, 24 P.3d 858, the basic test as to when it is appropriate to sustain a motion for directed verdict is set forth. There it is stated:
A motion for directed verdict raises the question of whether there is any evidence to support a judgment for the party against whom the motion is made, and the trial court must consider as true all the evidence and inferences reasonably drawn therefrom favorable to the non-movant, and disregard any evidence which favors the movant. A demurrer to the evidence or motion for directed verdict should be granted only if the party opposing the motion has failed to demonstrate a prima facie case for recovery.
2001 OK 41, at 7, 24 P.3d at 860. (citations omitted). When reviewing a trial court's rulings on a directed verdict we also view the evidence and the reasonable inferences therefrom in favor of the non-movant. See id.
The essential elements insured was required to show to make out a prima facie case were as follows: 1) he was covered under the automobile liability insurance policy issued by MCIC and that insurers were req
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