Bonofiglio v. Commercial Union Ins. Co.

• Decision Date: 19 August 1991
• Citation: 411 Mass. 31,576 N.E.2d 680
• Parties: James BONOFIGLIO v. COMMERCIAL UNION INSURANCE COMPANY.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

Page 680

576 N.E.2d 680

411 Mass. 31

James BONOFIGLIO v. COMMERCIAL UNION INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts Worcester.

Argued May 9, 1991.

Decided Aug. 19, 1991.

David A. Wojcik, Worcester, for plaintiff.

Richard L. Neumeier, Jacqueline Y. Parker, with him, Boston, for defendant.

Before LIACOS, C.J., and WILKINS, ABRAMS, NOLAN, O'CONNOR, and GREANEY, JJ.

NOLAN, Justice.

This appeal raises several issues relative to the litigation of claims against an insurance company by its insureds alleging unfair settlement practices and seeking punitive damages under G.L. c. 93A (1990 ed.). Several of the issues, however, were not properly preserved for appeal and, therefore, we do not reach their merits. For the reasons discussed below, we affirm the judgment of the Superior Court in all respects.

1. Background. On June 26, 1987, James Bonofiglio, the plaintiff, was involved in an automobile accident. As a result of this accident, Bonofiglio suffered severe injuries, including some permanent injuries. Liability insurance available to Bonofiglio from the two drivers involved in the accident totaled $25,000. As his damages resulting from the accident were significantly greater than $25,000, Bonofiglio turned to his own automobile insurance company for underinsurance coverage. Bonofiglio and each of his parents had automobile insurance policies issued by the defendant, Commercial Union Insurance Company (Commercial Union), and Bonofiglio made claims on the underinsurance provisions of each policy.

Commercial Union conducted an investigation into the existence of coverage, which was resolved in Bonofiglio's favor during the late summer or early fall of 1988. Commercial Union did not inform Bonofiglio of the resolution of the coverage question until December, 1988. Shortly thereafter, Bonofiglio made demand on Commercial Union for $510,000 (the policy limit of the three applicable policies). In March, 1989, Commercial Union offered a structured settlement with a net present value of approximately $125,000, which Bonofiglio rejected. There was evidence that Commercial Union had valued the claim at $175,000.

In response to this offer, Bonofiglio sent a demand letter to Commercial Union in April, 1989, contending that Commercial Union was violating G.L. c. 93A. Commercial Union responded with the same structured settlement offer, plus $50. Commercial Union then filed a demand for arbitration. Immediately prior to the arbitrator's hearing during the summer of 1989, Commercial Union increased its offer to $150,000 in cash. Bonofiglio rejected this offer and the case proceeded to arbitration. In September, 1989, the arbitrator awarded Bonofiglio $283,000, which Commercial Union promptly paid.

Bonofiglio then commenced this action, alleging that Commercial Union's action constituted unfair settlement practices in violation of G.L. c. 176D, § 3(9) (1990 ed.), and unfair and deceptive trade practices in violation of G.L. c. 93A. Bonofiglio alleged that the unfair practices caused a delay in payment of that which was owed on the policy. He demanded interest on the $283,000 as well as attorney's fees and multiple damages under c. 93A.

The jury returned a special verdict in which they determined that Commercial Union committed unfair and deceptive acts causing damages of $14,435.83 to Bonofiglio. The jury also determined that Commercial Union had refused, in bad faith and in knowing violation of c. 93A, to grant relief to Bonofiglio after he had made a demand for relief. As a consequence of that determination, the jury determined, in response to a special question from the judge, that the total damages should be twice the plaintiff's actual damages, or $28,871.66.

Bonofiglio thereafter moved that the judge double the amount of the arbitrator's award in addition to the damages awarded in the trial. The judge denied that motion, and Bonofiglio filed this appeal. Commercial Union cross appeals from the denial of its motion for judgment notwithstanding the verdict and on the issue of allowing the jury to determine multiple damages. We affirm the rulings of the Superior Court on both issues.

2. Judgment notwithstanding the verdict. Commercial Union asserts that, because Bonofiglio never moved from his initial demand of $510,000, Commercial Union's actions in dealing with Bonofiglio's claim could not, as a matter of law, constitute unfair settlement practices in violation of G.L. c. 176D, or c. 93A. Commercial Union argues that Bonofiglio never presented it with an opportunity to settle for the $283,000 ultimately awarded by the arbitrator. Therefore, it argues, its motion for judgment notwithstanding the verdict was improperly denied. Although we note that G.L. c. 176D, § 3(9)(f ), imposes a duty on the insurer to effectuate prompt and fair settlements on claims in which liability has become clear, while imposing no such duty on the claimant, we need not address the issue because it was never properly presented to the trial judge.

At the close of all the evidence, Commercial Union moved orally for a directed verdict. The motion stated no grounds and Commercial Union declined an invitation from the judge to argue the motion. Neither the judge nor the plaintiff inquired into the specific grounds for the motion, and no objection was raised as to the lack of such grounds.

After the jury found in favor of the plaintiff, Commercial Union moved for judgment notwithstanding the verdict. This motion stated that, because the plaintiff never offered to settle for less than $510,000, Commercial Union did not have an opportunity to settle for less than that amount. Therefore, argued Commercial Union, any damages were the result of the plaintiff's actions rather than any practice by Commercial Union.

Rule 50(b) of the Massachusetts Rules of Civil Procedure, 365 Mass. 814 (1974), governs motions for judgment notwithstanding the verdict. That rule allows such motions only when a motion for a directed verdict has been made at the close of evidence. A motion for a directed verdict according to Mass.R.Civ.P. 50(a), 365 Mass. 814 (1974), must "state the specific grounds therefor." As a motion for judgment notwithstanding the verdict is technically a revised motion for a directed verdict, no grounds for the motion for judgment notwithstanding the verdict may be raised which were not asserted in the directed verdict motion. ¹ See House of Koscot Dev. Corp. v. American Line Cosmetics, Inc., 468 F.2d 64, 67-68 (5th Cir.1972); 5A Moore's Federal Practice par. 50.08 (2d ed. 1989).

The requirement that a litigant state specific grounds in support of a motion for directed verdict is an important one. It allows the judge knowingly to rule on the question before him, and it allows the opposing party an opportunity to rectify any deficiencies in its case--or, more precisely, an opportunity to seek leave from the court to do so. See, e.g., Benson v. Allphin, 786 F.2d 268, 273 (7th Cir.1986); McKinnon v. Berwyn, 750 F.2d 1383, 1388-1389 (7th Cir.1984).

Because Commercial Union did not state the specific grounds for its directed verdict motion, there was never a proper motion for a directed verdict. Therefore, under the rule, there was never a proper motion for judgment notwithstanding the verdict. Commercial Union, however, claims that, as the grounds for its directed verdict motion were the same as those for its outstanding summary judgment motion, there was no need to state those grounds at the time of the directed verdict motion. In the circumstances, we think that the summary judgment motion did not make clear the grounds on which Commercial Union sought a directed verdict.

Moreover, the grounds asserted in the motion for summary judgment are not grounds argued before us for overturning the verdict. In its motion for summary judgment, Commercial Union conceded for...