259 P.3d 864
Okla. Civ. App.2011Background
- GuideOne insured Christi Roberts sustained a May 26, 2003 car accident; Roberts told her agent Nancy Shore she had been injured.
- Shore allegedly advised Roberts not to file a claim due to prior claim history; Shore testified she did not notify GuideOne after the conversation.
- Adjuster Carol Curtis testified that she learned of Shore's statement and failed to correct it, despite knowing the guidance was incorrect.
- Roberts' federal suit against GuideOne for breach of contract and bad faith led GuideOne to tender its policy limits in December 2004 and settle the federal case; GuideOne reserved rights of indemnity/contribution against Shore Agency.
- GuideOne subsequently sued Shore Agency seeking indemnification and/or contribution for settlement damages; Agency moved for summary judgment.
- The trial court granted summary judgment for Agency, and GuideOne appealed seeking indemnity or contribution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Indemnity: contractual rights against Agency | GuideOne has indemnity under the 1999 contract. | No express indemnity for Agency; contract favors Agent only. | No contractual indemnity against Agency. |
| Implied indemnity against Agency | Agency's conduct caused Roberts' damages; GuideOne seeks implied indemnity. | Insurer-insured duties are nondelegable; Agency not liable. | No implied indemnity; GuideOne at fault precludes recovery. |
| Contribution against Agency | Agency contributed to Roberts' damages; GuideOne paid excess over pro rata share. | Agency was not a tortfeasor; no joint tortfeasor liability. | No right to contribution against Agency; summary judgment proper. |
Key Cases Cited
- National Union Fire Ins. Co. v. A.A.R. W. Skyways, Inc., 784 P.2d 52 (Okla. 1989) (noncontractual indemnity available when no fault of payer)
- Caterpillar Inc. v. Trinity Indus., Inc., 134 P.3d 881 (Okla. Civ. App. 2006) (no right of indemnity among joint tortfeasors)
- Thomas v. E-Z Mart Stores, Inc., 102 P.3d 133 (Okla. 2004) (joint tortfeasor rule in concurrent liability)
- Wathor v. Mutual Assurance Adm'rs, Inc., 87 P.3d 559 (Okla. 2004) (insurer-insured special relationship creates nondelegable duty)
- Barnes v. Oklahoma Farm Bureau Mut. Ins. Co., 11 P.3d 162 (Okla. 2000) (insurer cannot evade liability for bad faith by delegating duties)
- Badillo v. Mid Century Insurance Co., 121 P.3d 1080 (Okla. 2005) (minimum culpability standard for insurer liability; more than mere negligence)
- Burch v. Allstate Insurance Co., 977 P.2d 1057 (Okla. 1998) ( UM coverage primary; offset of duties)
- Weeks v. Wedgewood Vill., Inc., 554 P.2d 780 (Okla. 1976) (summary judgment standards; no evidence of breach)