Wilson v. Educators Mutual Insurance
Wilson v. Educators Mutual Insurance
Opinion
¶1 This case is before us on remand from the Utah Supreme Court.
See generally
Wilson v. Educators Mutual Insurance Ass'n
(
Wilson II
),
¶2 Appellants Everett P. Wilson Jr. and Darla Wilson contend that EMIA's claim was barred by Utah Code section 78B-3-107 and that the district court erred in its allocation of interpleaded funds. Regarding their first contention, the Wilsons have failed to provide any meaningful analysis and have therefore failed to meet their burden of persuasion on appeal.
See
Bank of Am. v. Adamson
,
BACKGROUND
¶3 This case began in September 2010 with the tragic death of Jessica Wilson, who was struck by a car while walking in a crosswalk. Jessica died at the hospital a few hours later. Jessica's insurance provider, EMIA, covered $78,692.34 of her medical expenses.
¶4 In 2011, Jessica's parents, the Wilsons, filed a wrongful death claim against the driver of the car that struck Jessica, seeking funeral expenses and compensation for the loss of Jessica's companionship, love, and affection. In 2013, the Wilsons reached a tentative settlement with the driver's insurer for the $100,000 limit of his liability insurance policy.
¶5 In January 2014, EMIA filed a "Complaint for Subrogation Claim" against the driver, seeking reimbursement for the $78,692.34 in medical expenses it had paid out on Jessica's behalf, with accrued interest. 2 EMIA asserted its subrogation claim under the terms of its insurance policy with Jessica. The driver filed a motion to dismiss, asserting that EMIA lacked standing to bring suit in its own name. The district court denied the driver's motion, observing that (1) Utah Code sections 78B-2-105, 78B-3-106, and 78B-3-107 did not apply; (2) Utah Code section 31A-21-108 applied and allowed an insurer to bring "an action to subrogate in either its name or the name of its insured"; and (3) pursuant to EMIA's insurance policy with Jessica, EMIA "was entitled to recovery against a third-party tortfeasor." Consequently, the court determined that EMIA had standing to file its lawsuit.
¶6 Eventually, the parties agreed to consolidate the cases against the driver, and the driver filed an interpleader counterclaim 3 against EMIA and the Wilsons, in which his insurer agreed to interplead with the court the $100,000 policy limit. EMIA and the Wilsons agreed to accept the $100,000 in settlement of their claims against the driver and to dismiss him from the lawsuit with prejudice, but they disagreed on how to allocate the funds.
¶7 After a hearing on the matter, the district court concluded that it was "equitable to divide the $100,000.00 equally between the parties, specifically, $50,000.00 to the Wilsons and $50,000.00 to EMIA." However, in recognition of the fact that the Wilsons had "labored more than EMIA to acquire the $100,000.00 that was deposited with [the] Court by [the driver]," the court determined that it was "equitable to reimburse the Wilsons for one half of their attorneys' fees and costs from EMIA's portion"-$16,667 in attorney fees and $9,150.69 in costs. Accordingly, the court awarded $75,817.69 of the interpleaded funds to the Wilsons and $24,182.31 to EMIA. The Wilsons appealed.
¶8 In
Wilson I
, this court determined that Utah Code section 31A-21-108
4
"contains no language
granting
an insurance company the right to bring a subrogation action in its own name."
¶9 The supreme court reversed, concluding that EMIA had standing to sue for subrogation in its own name pursuant to the express terms of its insurance policy with Jessica Wilson. Id. ¶¶ 9-10, 19. First, the court discussed the law of equitable subrogation and observed that "[t]he law of equitable subrogation places limits or conditions on the insurer's right of subrogation." Id. ¶¶ 11-13. "One of those conditions is the 'made-whole' principle, which states that an insurer is at least sometimes required to fully compensate its insured for any losses before it asserts a claim for subrogation." Id. ¶ 13. The court then discussed subrogation by the express terms of a contract and explained that "[a]n insurer and an insured may agree to contract away the requirements of the common law of equitable subrogation. They may provide in an insurance policy that the insured need not be made whole before the insurer may sue for subrogation ...." Id. ¶¶ 18-19. With regard to the made-whole principle, the court explained that the principle "arise[s] as a matter of our common law of equitable subrogation" and that it "can be modified by contract." Id. ¶ 18 (quotation simplified). Observing that EMIA's insurance policy with Jessica "recognized EMIA's authority 'to pursue its own right of Subrogation against a third party' without regard to whether the insured 'is made whole by any recovery,' " the court stated that "[i]t is difficult to imagine a clearer statement of EMIA's authority to sue for subrogation in its own name and without regard to full 'make-whole' compensation for the Wilsons." Id. ¶ 19. Consequently, the supreme court upheld EMIA's standing to sue for subrogation in its own name. Id. ¶ 22. The court remanded the case to this court with instructions to identify and address any issues that remained for decision after Wilson II . Id. ¶ 23.
¶10 On remand from the supreme court, we asked the parties to submit supplemental briefing advising this court as to which, if any, of the issues raised in the original briefing in Wilson I remained outstanding and needed resolution. The Wilsons identified two remaining issues: (1) whether EMIA's claim was barred by Utah Code section 78B-3-107, and (2) whether the district court erred in its allocation of the interpleaded funds. 5
ANALYSIS
¶11 The Wilsons first contend that EMIA's claim was barred by Utah's survival action statute, Utah Code section 78B-3-107. 6 More specifically, they assert that section 78B-3-107"expressly gives the cause of action for a pre-death injury (all special and general damages suffered) to 'the personal representatives or heirs of the person who died' " and that "[p]re-death medical expenses are part of an injury claim." Thus, although they do not explicitly state as much, the Wilsons appear to be arguing that EMIA could not seek reimbursement for the medical expenses it paid out on Jessica's behalf as part of its subrogation claim. We decline to address the merits of this contention because it is inadequately briefed.
¶12 An appellant's brief "must explain, with reasoned analysis supported by citations to legal authority and the record, why the party should prevail on appeal." Utah R. App. P. 24(a)(8). "An appellant who fails to adequately brief an issue will almost certainly fail to carry its burden of persuasion on appeal."
Bank of Am. v. Adamson
,
¶13 Here, the Wilsons' argument is devoid of any meaningful analysis.
See
Hess
,
¶14 That is the extent of the Wilsons' analysis, and it is inadequate. As we have stated many times, "an appellate court is not a depository in which a party may dump the burden of argument and research."
See, e.g.
,
Wachocki v. Luna
,
¶15 The Wilsons next contend that the district court erred in its allocation of the interpleaded funds. "An action in interpleader is a proceeding in equity in which a person who has possession of money or property which may be owned or claimed by others seeks to rid himself of risk of liability, or possible multiple liability, by disclaiming his interest and submitting the matter of ownership for adjudication by the court."
Terry's Sales, Inc. v. Vander Veur
,
¶16 Here, the district court found that the Wilsons suffered damages for the loss of the love and affection of their daughter, as well as funeral expenses, which amount exceeded the $100,000.00 deposited with the court. The court also found that EMIA disbursed a substantial amount 7 for Jessica's medical expenses. The court then noted that the $100,000 interpleaded by the driver was "insufficient to satisfy the damages claimed by the Wilsons and EMIA." The court further found that the Wilsons had been in litigation with the driver for a longer period of time than EMIA and that the Wilsons had "labored more than EMIA to acquire the $100,000.00 that was deposited with [the] Court by [the driver]." Lastly, the court found that both parties had incurred attorney fees and costs, and the Wilsons specifically had paid $33,334 in attorney fees and $18,301.38 in litigation costs.
¶17 The district court then observed that "[i]nterpleader actions filed pursuant to Rule 22 of the Utah Rules of Civil Procedure are equitable in nature" and that, because the parties' claims to the $100,000 exceeded that amount, the court had to "balance the equities and determine how that amount should be allocated." Relying on its factual findings, the court stated that "[t]he equities that should be balanced in this matter are the Wilsons' loss of their daughter and EMIA's claim for reimbursement for the medical expenses it paid out [on] behalf of Jessica Wilson." The court determined that it was equitable to divide the $100,000 equally between the parties, that is, $50,000.00 to the Wilsons and $50,000.00 to EMIA. However, recognizing that the Wilsons' efforts to obtain the $100,000 were disproportionate to those of EMIA, the court further determined that it was equitable to reimburse the Wilsons for one-half of their attorney fees and costs from EMIA's portion of the funds. Accordingly, the court awarded $75,817.69 to the Wilsons and $24,182.31 to EMIA.
¶18 The Wilsons do not challenge the district court's factual findings. Instead, they assert that the district court's allocation of the interpleaded funds was incorrect for two reasons: (1) "wrongful death claimants have 'superior equity' " over an insurer attempting to enforce its subrogation rights, and (2) there is a "priority of payment" in situations, like this one, where there are multiple parties competing for the same settlement proceeds. We address these arguments in turn.
¶19 First, relying on
Hill v. State Farm Mutual Automobile Insurance Co.
,
¶20 In
Hill
, our supreme court explained that "[s]ubrogation is an equitable doctrine and is governed by equitable principles."
¶21 The equitable-subrogation and made-whole principles described in
Hill
are inapplicable to this case. Indeed, in
Wilson II
, our supreme court ruled that EMIA's authority to sue for subrogation was based in contract-EMIA's insurance policy with Jessica Wilson.
¶22 Second, the Wilsons assert that Utah law establishes "[a] priority of payment in competing claims." More specifically, they assert that "[w]hen victims (like the Wilsons) and a subrogated insurer (like EMIA) compete for the same settlement proceeds, Utah law establishes a priority of payment, and gives first priority to the claimant with 'superior equity.' " (Emphasis omitted.) The Wilsons cite Section 5 of Article 16 of the Utah Constitution, and
Oliveras v. Caribou-Four Corners, Inc.
,
¶23 Section 5 of Article 16 of the Utah Constitution provides, "The right of action to recover damages for injuries resulting in death, shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation, except in cases where compensation for injuries resulting in death is provided for by law." Utah Const. art. XVI, § 5. Our supreme court has observed that Article 16, Section 5"enshrines two separate protections on the right to recover for wrongful death": (1) "that the right to recover damages 'shall never be abrogated' " and (2) "that the amount of the damages 'shall not be subject to any statutory limitation.' "
Smith v. United States
,
¶24 Citing
Oliveras v. Caribou-Four Corners, Inc.
,
¶25 Essentially, the Oliveras case dealt with the Fund's statutory right to reimbursement from certain heirs and the limitations of those rights as against other heirs. As EMIA correctly observes, Oliveras had nothing to do "with the general priority of an heir's claim versus an insurer's claim against a third-party tortfeasor." Accordingly, we conclude that Oliveras is inapplicable to the present case. The Wilsons have not cited any other authority to support their "first priority" argument, and they have therefore failed to demonstrate that they have a superior right to the interpleaded funds.
¶26 Turning to the district court's equitable allocation of the interpleaded funds, as previously discussed, "[w]hen a district court fashions an equitable remedy, we review it to determine whether the district court abused its discretion."
Collard v. Nagle Constr., Inc.
,
CONCLUSION
¶27 We conclude that the Wilsons' argument that EMIA's claim was barred by Utah Code section 78B-3-107 is inadequately briefed. We further conclude that the district court acted within its discretion in allocating the interpleaded funds. We therefore affirm the district court's allocation of those funds.
"The doctrine of subrogation allows an insurer, having paid a loss resulting from a peril insured against, to step into the shoes of its insured and recoup its losses from a tort-feasor whose negligence caused the loss."
Birch v. Fire Ins. Exch.
,
An interpleader is an action in which a person deposits money or property claimed by others with the court so that the court can determine the respective ownership rights of the claimants.
See Interpleader
, Black's Law Dictionary (10th ed. 2014);
see also
Terry's Sales, Inc. v. Vander Veur
,
"Subrogation actions may be brought by the insurer in the name of its insured." Utah Code Ann. § 31A-21-108 (LexisNexis 2017).
Aside from brief references to this court's decision in Wilson I , the Wilsons' supplemental briefing on the two identified issues is almost identical to its original briefing on the same issues in Wilson I .
Utah Code section 78B-3-107 provides,
A cause of action arising out of personal injury to a person, or death caused by the wrongful act or negligence of a wrongdoer, does not abate upon the death of the wrongdoer or the injured person. The injured person, or the personal representatives or heirs of the person who died, has a cause of action against the wrongdoer or the personal representatives of the wrongdoer for special and general damages ....
Utah Code Ann. § 78B-3-107(1)(a) (LexisNexis Supp. 2017).
The district court's order states, "The amount of damages claimed by EMIA for the medical expenses paid [on] behalf of Jessica Wilson also exceed[s] $100,000.00." The amount EMIA sought to recoup for medical expenses in its subrogation action, however, was $78,692.34. See supra ¶ 5. We also note that, in briefing the issue of allocation in the district court, the parties did not dispute that $78,692.34 represented the full amount EMIA paid in medical expenses for Jessica.
Reference
- Full Case Name
- Everett P. WILSON Jr. and Darla Wilson, Appellants, v. EDUCATORS MUTUAL INSURANCE ASSOCIATION, Appellee.
- Cited By
- 1 case
- Status
- Published