In the Matter of Sandra L. Patient and Marcel C. Patient, Jr.
In the Matter of Sandra L. Patient and Marcel C. Patient, Jr.
Opinion
The respondent, Marcel C. Patient, Jr., appeals an order of the Circuit Court ( Carbon , J.) requiring him to reimburse the petitioner, Sandra L. Patient, $5,105.29 for certain uninsured medical expenses that she incurred in 2015. In granting the petitioner's request for reimbursement, the trial court interpreted the parties' stipulated divorce decree to include an implied requirement that the respondent give the petitioner notice before he remarried. On appeal, the respondent argues that the interpretation of the trial court was erroneous. We affirm.
The record supports the following facts. In 2002, as part of a stipulated divorce decree, the parties agreed that the respondent would "continue to provide medical and dental [i]nsurance for the benefit of the petitioner, until [he] [r]emarried." The provision did not have a notice requirement. In July 2015, the respondent remarried, which resulted in the termination of the petitioner's insurance coverage. Prior to his remarriage, the respondent did not notify the petitioner that he would remarry, or that the petitioner's insurance coverage would be terminated. Rather, on August 27, the petitioner learned by "happenstance" that the respondent had remarried and that, effective July 1, 2015, her insurance coverage had been cancelled. Because the petitioner incurred $5,105.29 in medical expenses between July 1 and August 27, she filed a motion in the trial court seeking reimbursement for the uninsured expenses, arguing that the stipulated decree required that the respondent notify her of his remarriage.
The trial court agreed with the petitioner, reasoning that, although the decree "does not require that [the respondent] advise [the petitioner] of his date of remarriage, it is implicit so that [the petitioner] could obtain her own insurance." In other words, the trial court concluded that a notice provision was implied in the decree. The trial court denied the respondent's motion to reconsider, and this appeal followed.
On appeal, the respondent argues that a notice provision cannot be implied because the parol evidence rule prohibits a court from adding a provision to a decree when its terms are unambiguous. The parol evidence rule prohibits the admission of extrinsic evidence to vary or contradict the plain meaning of the terms of a contract, unless the contract is ambiguous.
See
Parkhurst v. Gibson (Parkhurst)
,
The respondent also argues that the trial court erred when it interpreted the divorce decree to require that the respondent give the petitioner advance notice. We disagree. "When a dispute arises concerning the nature of provisions within a stipulation, we must consider the intent of the parties."
Miller v. Miller
,
We have held that "[t]erms which are plainly or necessarily implied in the language of a contract are as much a part of it as those which are expressed."
Laconia Clinic, Inc. v. Cullen
,
Here, the trial court correctly interpreted the decree to include an implied notice provision because such a term was necessary for the parties' intent to be realized. The parties agreed that the respondent would provide health insurance to the petitioner until he remarried, at which time the responsibility for the petitioner's healthcare expenses would shift to the petitioner. This arrangement necessarily contemplated that, prior to the respondent's remarriage, the petitioner would have an adequate opportunity to make alternative plans for her insurance and healthcare needs. Importantly, the critical event-the respondent's remarriage-was within his unique knowledge. Therefore, absent a notice requirement, the respondent would be able to-and, in fact, did-compromise the petitioner's opportunity to secure her own insurance coverage, undermining the clear purpose of the provision. Accordingly, because an implied notice provision was necessary to effectuate the parties' intent, we conclude that the trial court did not err when it interpreted the divorce decree to require that the respondent provide advance notice to the petitioner before he remarried.
Cf
.
Fischer v. City of Dover
,
Finally, any issues that the respondent did not raise in his notice of appeal, or raised, but did not brief, are deemed waived.
See
Colla v. Town of Hanover
,
Affirmed .
DALIANIS, C.J., and HICKS, J., concurred.
Reference
- Full Case Name
- In the MATTER OF Sandra L. PATIENT and Marcel C. Patient, Jr.
- Status
- Published