Ayers v. State Farm Mut. Auto. Ins. Co.
Ayers v. State Farm Mut. Auto. Ins. Co.
Opinion of the Court
This action springs from a dispute between an insured-Plaintiff Frank Ayers ("Ayers ")-and his insurance company-Defendant State Farm Mutual Automobile Insurance Company ("State Farm "). (See Doc. 2.) The clash centers on competing interpretations of State Farm's obligation under a car insurance policy ("Policy ") to provide its insureds with counsel before the initiation of third-party bodily injury lawsuits ("Coverage Issue "). (See id. ; see also Doc. 58.) On February 15, 2018, the parties filed cross-motions for summary judgment on the Coverage Issue (Docs. 85, 87 ("SJ Motions ") ), which have been fully briefed (Docs. 98, 99). The Court heard argument on May 1, 2018. (See Doc. 103.) On review, the Court finds that State Farm's SJ Motion is due to be granted, and Ayers' SJ Motion is due to be denied.
I. BACKGROUND
A. Undisputed Facts
On April 2, 2013, Ayers was involved in a car accident with Defendant Ruth Graham ("Graham "). (Doc. 85, ¶ 1; Doc. 98, ¶ 1.) Graham suffered injuries. (See Doc. 87-12, p. 8.) At the time of the accident, Ayers was insured by State Farm and his Policy provided liability coverage for bodily injury:
Insuring Agreement
1. [State Farm] will pay damages an insured becomes legally liable to pay because of
a. bodily injury to others;
* * *
It also provided:
2. [State Farm has] the right to:
a. investigate, negotiate, and settle any claim or lawsuit;
*1327b. defend an insured in any claim or lawsuit with attorneys chosen by us ; [ ("Defense Provision ") ]
(See Doc. 2-1, p. 13.)
Graham then filed a bodily injury claim against Ayers, which fell within the Policy's bodily injury liability coverage ("Graham Claim "). (Doc. 85, ¶ 2; Doc. 98, ¶ 2.) On January 10, 2017, Graham contacted State Farm, demanding that State Farm tender the $100,000 policy limit due to her injuries. (See Doc. 87-12, p. 8.) State Farm then forwarded the pre-suit demand to Ayers and included a pre-suit personal asset affidavit and a letter informing Ayers that "if [he] wish[ed] to have [his] personal attorney review this information, [he should] please feel free to do so." (Doc. 87-12, p. 3.) At that point, State Farm did not hire counsel to represent Ayers, and it rejected Graham's pre-suit demand. (Doc. 85, ¶ 13; Doc. 98, ¶ 13; Doc. 87-3, p. 28.) So Graham filed suit against Ayers in state court on March 22, 2017 ("Graham Lawsuit "). (Doc. 85; ¶ 3; Doc. 98 ¶ 3.) Once filed, State Farm retained counsel to defend Ayers. (Doc. 87, ¶ 6; Doc. 99, ¶ 6.)
B. The Instant Action
Displeased by State Farm's failure to settle the Graham Claim and the initiation of the Graham Lawsuit, Ayers went on the offensive. He filed this putative nationwide class action in state court and asserted, among others, a class action claim for breach of contract against State Farm based on: (1) the failure to provide counsel to Ayers before the Graham Lawsuit was filed; and (2) the failure to reimburse him for expenses he incurred for forwarding lawsuit documents to State Farm. (Doc. 2, ¶¶ 95-116 ("Class Claim ").)
Invoking the Court's diversity jurisdiction under the Class Action Fairness Act, State Farm removed the action. (See Docs. 1, 31.) Following removal, the Court found that the majority of Ayers' individual claims
II. LEGAL STANDARD
Summary judgment is appropriate only "if the movant shows that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a) ; Celotex Corp. v. Catrett ,
"The burden then shifts to the non-moving party, who must go beyond the pleadings and present affirmative evidence to show that a genuine issue of material fact exists." Porter v. Ray ,
The Court must view the evidence and all reasonable inferences drawn from the evidence in the light most favorable to the non-movant. Battle v. Bd. of Regents ,
III. ANALYSIS
To begin, either a statute or a contract may confer a duty to defend on an insurer. Allstate Ins. Co. v. RJT Enters., Inc. ,
An insurance policy may relieve an insurer of an obligation to defend an insured by reserving a right. E. Fla. Hauling, Inc. v. Lexington Ins. Co. ,
Notwithstanding these legal principles, Ayers supports his interpretation by pointing to: (1) testimony from State Farm's claims representative, Steven Hersh, who interprets the Defense Provision as imposing a duty on State Farm to hire pre-suit counsel; and (2) evidence that State Farm has on occasion hired pre-suit counsel for its insureds. (Doc. 85-2, p. 16; see also Doc. 87-7, p. 14.) In contrast, State Farm points to internal guidance it provides to claims representatives which, it contends, supports the discretionary nature of the right to hire pre-suit counsel. (Doc. 87, p. 5-7, 14-16.) Because the language of the Defense Provision is clear and unambiguous, the Court cannot consider the parties' extrinsic evidence. See Phila. Am. Life Ins. Co. v. Buckles ,
As a corollary, Ayers also posits that the Policy language regarding State Farm's right to defend creates doubt as to whether there is an obligation rather than an option, to defend by hiring pre-suit counsel, and such doubt should be resolved in his favor. (Doc. 85, p. 11-15; see also Doc. 99, pp. 3-5.) In true Lewis Carroll fashion,
Here, the Defense Provision's unambiguous language-that is, State Farm's "right to defend"-does not compel a reading that State Farm is obligated to defend a claim by hiring pre-suit counsel for an insured. See, e.g., E. Fla. Hauling ,
In his final effort to get around the Defense Provision's unambiguous language, Ayers contends that reading the Policy to not impose a duty on State Farm to hire pre-suit counsel renders it illusory. (Doc. 85, pp. 15-16.) According to Ayers, the Policy permits State Farm to say, in effect, "I will hire counsel if I want to," while it obligates Ayers to cooperate with State Farm's control of that defense, prohibiting him from hiring his own counsel. (See id. at 16.) Such contradiction is purportedly an absurd result. (See id. ) The Court disagrees.
As previously explained, an insurer may permissibly relieve itself of a duty. See E. Fla. Hauling, Inc. ,
IV. CONCLUSION
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Plaintiff Frank Ayers' Motion for Summary Judgment (Doc. 85) is DENIED .
2. Defendant State Farm Mutual Automobile Insurance Company's Motion for Summary Judgment on the Coverage Issue (Doc. 87) is GRANTED to the extent identified in this Order.
3. The Clerk is DIRECTED to enter judgment in favor of Defendant State Farm Mutual Automobile Company and against Plaintiff Frank Ayers on the Coverage Issue set forth in Counts I and VII of the Complaint (Doc. 2, ¶¶ 53, 107(a) ).
4. The parties are DIRECTED to confer, and on or before, Thursday, July 5, 2018 , file a joint notice informing the Court of how they intend to proceed on Ayers' remaining putative class claim concerning State Farm's alleged failure to reimburse Ayers for expenses he incurred for forwarding lawsuit documents to State Farm (Doc. 2, ¶ 107(b) ).
DONE AND ORDERED in Chambers in Orlando, Florida, on June 20, 2018.
In resolving a summary judgment motion, the Court ordinarily presents the facts in the light most favorable to the non-moving party. See Battle v. Bd. of Regents for Ga. ,
In his Complaint, Ayers asserted the following individual claims: (1) declaratory judgment; (2) bad faith; (3) fraud; and (4) tortious interference. (Doc. 2 ¶¶ 47-94.)
"Unpublished opinions are not controlling authority and are persuasive only insofar as their legal analysis warrants." Bonilla v. Baker Concrete Const., Inc. ,
See also Nationwide Ins. Co. of Am. v. Calabrese , No. 13-CIV-81145,
See Lewis Carroll, Through the Looking Glass 57 (Dover Thrift eds. 1999) (1872) (" 'When I use a word,' Humpty Dumpty said in rather a scornful tone, 'it means just what I choose it to mean-neither more nor less.' ")
State Farm also argues that the remainder of the Class Claim addressing State Farm's alleged failure to reimburse Ayers for expenses he incurred for forwarding lawsuit papers to State Farm is moot because State Farm has reimbursed Ayers for such expenses. (Doc. 87, pp. 17-18.) Ayers disagrees and contends that such payment is a confession of judgment, entitling him to attorney fees. (Doc. 99, pp. 14-15.) As the Court limited the summary judgment briefing to only the Coverage Issue, it declines to address this independent issue that is not adequately before the Court.
Reference
- Full Case Name
- Frank AYERS v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Ruth Mier Graham and Government Employees Insurance Company
- Cited By
- 2 cases
- Status
- Published