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Enrique v. State Farm Mut. Auto-Mobile Ins. Co.

Enrique v. State Farm Mut. Auto-Mobile Ins. Co.

Superior Court of Delaware, Kent

September 11, 2015, Submitted; October 14, 2015, Decided

C.A. No. K12C-10-028 WLW

Opinion

WITHAM, R.J.

The issue before the Court is whether the Plaintiff, Joanne Enrique ("Enrique"), has established a prima facie case of bad faith by the Defendant, State Farm Mutual Insurance Co. ("State Farm"), for failure to pay the policy limit for uninsured motorist protection. For the following reasons, the Defendant's motion for summary judgment is GRANTED.

FACTS

On September 26, 2005, Enrique was involved in a motor vehicle accident with Bridgett Roy ("Roy"), an uninsured motorist. State Farm provided a motor vehicle insurance policy to Jason Garber, the owner of the vehicle Enrique was driving. The policy provided uninsured motorist ("UM") protection with a policy limit of $100,000. Enrique suffered injuries resulting in permanent impairment to both knees and a fractured rib, and was unable to work for nine months. As a permissive driver of the Garber vehicle, Enrique made a claim under the [*2]  policy's UM benefit for the policy limit of $100,000. State Farm disputed the damages, and Enrique filed a complaint ("Damages Action") against State Farm that sought the UM policy limits of $100,000 as well as punitive damages for Roy's alleged reckless conduct in causing the accident. In July 2009, State Farm was granted a partial motion for summary judgment relating to punitive damages. After trial, a jury awarded Enrique $260,000 for damages arising out of the automobile accident. In October 2012, Enrique file the current action claiming State Farm acted in bad faith when negotiating a settlement offer, thus forcing Enrique to go to trial in order to obtain a fair and reasonable award for her injuries and damages.

Initial negotiations between Enrique and State Farm prior to the Damages Action resulted in a demand by Enrique for a $165,000 settlement and offer by State Farm to settle for $35,000.1 State Farm log entries for Enrique's claim show they were aware of damage consistent with grade 2 chondromalacia2 in the right knee as early as December 2005.3 In August 2006, State Farm questioned whether the chondromalacia was a condition present before the motor vehicle accident because [*3]  it was present in both knees.4 In January 2008, Richard M. Roach ("Roach"), the State Farm Claims examiner assigned to Enrique's claim, requested authority to settle with Enrique for $50,080, but was told by his supervisor, Mary Adkins ("Adkins"), the request would be reviewed after further clarification of the causation issues.5 It was also noted that an independent medical examination ("IME") or records review might be necessary to resolve the causation issue. In April 2008, State Farm decided to retain Dr. Lawrence Piccioni ("Dr. Piccioni") to perform an IME. The IME was scheduled and completed in July 2008.

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2015 Del. Super. LEXIS 534 *; 2015 WL 6330920

JOANN ENRIQUE, Plaintiff, v. STATE FARM MUTUAL AUTO-MOBILE INSURANCE CO., Defendant.

Notice: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.

Subsequent History: Affirmed by Enrique v. State Farm Mut. Auto. Ins. Co., 142 A.3d 506, 2016 Del. LEXIS 349 (Del., June 14, 2016)

Prior History:  [*1] Upon Defendant's Motion for Summary Judgment.

Enrique v. State Farm Mut. Auto. Ins. Co., 2009 Del. Super. LEXIS 266 (Del. Super. Ct., July 16, 2009)

Disposition: Granted.

CORE TERMS

damages, bad faith, policy limit, insurer, knee, reckless indifference, summary judgment, valuation, reasonable justification, outside counsel, malice, pre existing condition

Civil Procedure, Judgments, Summary Judgment, Evidentiary Considerations, Burdens of Proof, Movant Persuasion & Proof, Entitlement as Matter of Law, General Overview, Legal Entitlement, Evidence, Allocation, Insurance Law, Liability & Performance Standards, Bad Faith & Extracontractual Liability, Elements of Bad Faith, Payment Delays & Denials, Good Faith & Fair Dealing, Damages, Punitive Damages