Spencer v. State Farm Mutual Ins. Co.
| Docket Number: | 2003-CA-02598-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 01-20-2005 Opinion Author: Easley, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Insurance - Attorney’s fees - Full satisfaction of award Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Non Participating Judge(s): Diaz, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - INSURANCE |
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| Trial Court: |
Date of Trial Judgment: 10-10-2003 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Disposition: Hinds County Court Judge William R. Barnett entered summary judgment in favor of State Farm on the issue of further recovery. Case Number: 251-02-412CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | KRISTOPHER SPENCER |
REID STUART BRUCE
BARRY W. GILMER |
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| Appellee: | STATE FARM MUTUAL INSURANCE COMPANY | MICHAEL F. MYERS DENISE C. WESLEY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Insurance - Attorney’s fees - Full satisfaction of award |
| Summary of the Facts: | Kristopher Spencer was injured when a Rottweiler bit him on the face while at a public park at the Ross Barnett Reservoir. The dog was owned by Jason Lindsley, but it was kept at the home of Jason’s mother, Carolyn Lindsley. At the time of the incident, Jason’s truck was not insured, but Carolyn maintained homeowner’s insurance on her home. Carolyn’s insurer denied liability. Spencer filed suit against Jason and Carolyn. The parties voluntarily agreed to submit the case to binding arbitration and agreed to cap the maximum damages that could be awarded in arbitration at $50,000. Spencer was awarded $43,500 in damages for medical expenses, doctor fees, pharmacy bills, permanent disfigurement, pain and suffering, mental anguish and loss of enjoyment of life. Spencer filed a separate suit in county court against State Farm Mutual Insurance Company seeking to recoup his litigation expenses incurred in the first suit against Jason and Carolyn. Spencer’s parents had in force two uninsured motorist insurance policies issued by State Farm in the amount of $10,000 each. State Farm filed a motion for summary judgment which the court granted on the issue of further recovery. However, the court found that genuine issues of a material fact precluded granting State Farm summary judgment on the issue of whether the circumstances constituted “use” of an uninsured motor vehicle. Spencer appealed to circuit court which affirmed on the recovery issue and found the use issue to be moot. Spencer appeals. |
| Summary of Opinion Analysis: | Spencer argues that the court erred in precluding him from seeking further relief from State Farm under his parents’ uninsured motorist insurance policies. He claims that he was not made whole by the arbitration since he had to pay his attorney’s fees and expenses. The UM statute and the State Farm policy contain similar language. According to the insurance policy, State Farm’s uninsured motorist coverage only comes into effect if Lindsley was unable to satisfy his liability for all sums that Spencer is legally entitled to recover. Spencer’s arbitration award set damages the amount that he was legally entitled to recover at $43,500. Spencer received full satisfaction of the award. Therefore, Lindsley’s liability was eliminated by the fully satisfied arbitration award, and Spencer received all that he was legally entitled to recover. Furthermore, and award of attorney’s fees to a successful litigant has never been approved in the absence of a contractual provision or statutory authority. |
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