Modder v. American Nat. Life Ins. Co. of Texas
| Decision Date | 20 February 1997 |
| Docket Number | No. 88402,88402 |
| Citation | 688 So.2d 330 |
| Parties | 22 Fla. L. Weekly S87 Arthur MODDER and Gail Modder, Appellants, v. AMERICAN NATIONAL LIFE INSURANCE COMPANY OF TEXAS, Appellee. |
| Court | Florida Supreme Court |
William Rutger, Clearwater, for Appellants.
Brett J. Preston and Dennis P. Waggoner of Hill, Ward & Henderson, P.A., Tampa, for Appellee.
We have for review a question of Florida law concerning an insured's entitlement to attorney's fees from an insurer certified by the United States Court of Appeals for the Eleventh Circuit that is determinative of a cause pending in the federal courts and for which there appears to be no controlling precedent. We have jurisdiction. Art. V, § 3(b)(6), Fla. Const.
Arthur and Gail Modder sued American National Life Insurance Company of Texas (ANTEX) in United States District Court for reinstatement of a group health insurance policy under which they were covered as members of the National Business Association (NBA) and which ANTEX later rescinded. ANTEX counterclaimed, asserting that the Modders improperly misrepresented facts to ANTEX in the application for insurance. The Modders prevailed after a jury trial and ANTEX reinstated their insurance coverage.
After receiving the favorable judgments, the Modders filed a motion for attorney's fees under section 627.6698, Florida Statutes (1995). ANTEX opposed the motion, arguing the exclusionary provision of section 627.6515(2) precluded attorney's fees from being assessed against it. The federal district court initially granted the Modders' motion for attorney's fees, holding that ANTEX failed to establish that their insurance policy fell within the exclusionary provision. However, ANTEX filed a motion for reconsideration and submitted additional evidence of its inclusion within the exclusionary provision. The district court subsequently reversed the initial order and denied attorney's fees to Gail Modder. Although the order referenced only Gail, the Modders submit that the order also denied Arthur's claims. Both Arthur and Gail Modder appealed the district court's order denying them attorney's fees.
The Eleventh Circuit found that the parties had raised issues of first impression under Florida law and that no Florida court has addressed the application, if any, of the exclusionary provision of section 627.6515, Florida Statutes (1995), to the attorney's fee provision of section 627.6698, Florida Statutes (1995). The Eleventh Circuit certified for our review the following question:
DOES THE EXCLUSIONARY PROVISION OF SECTION 627.6515(2), FLORIDA STATUTES, EXEMPT AN INSURER FROM ATTORNEY'S FEES LIABILITY UNDER SECTION 627.6698, FLORIDA STATUTES, AND IF SO, HAS THE INSURER IN THIS CASE PROVIDED THE FACTUAL PREDICATE NECESSARY TO COME Modder v. American Nat'l Life Ins. Co., 86 F.3d 1070, 1071-72 (11th Cir.1996).
The two-part question certified presents this Court with a straightforward question of statutory construction and application. At the outset, we must determine whether the exclusionary provision of section 627.6515(2) exempts an insurer from attorney's fees liability under section 627.6698. Section 627.6515, within part VII of chapter 627, Florida Statutes (1995), and entitled "Out-of-state groups," reads in pertinent part:
(1) Any group health insurance policy issued or delivered outside this state under which a resident of this state is provided coverage shall comply with the provisions of this part in the same manner as group health policies issued in this state.
(2) This part does not apply to a group health insurance policy issued or delivered outside this state under which a resident of this state is provided coverage if:
(a) The policy is issued to an employee group the composition of which is substantially as described in s. 627.653; a labor union group or association group the composition of which is substantially as described in s. 627.654; an additional group the composition of which is substantially as described in s. 627.656; a group insured under a blanket health policy when the composition of the group is substantially in compliance with s. 627.659; a group insured under a franchise health policy when the composition of the group is substantially in compliance with s. 627.663; an association group to cover persons associated in any other common group, which common group is formed primarily for purposes other than providing insurance; a group which is established primarily for the purpose of providing group insurance, provided the benefits are reasonable in relation to the premiums charged thereunder and the issuance of the group policy has resulted, or will result, in economies of administration; or a group of insurance agents of an insurer, which insurer is the policyholder;
(b) Certificates evidencing coverage under the policy are issued to residents of this state and contain in contrasting color and not less than 10-point type the following statement: "The benefits of the policy providing your coverage are governed primarily by the law of a state other than Florida"; and
(c) The policy provides the benefits specified in ss. 627.419, 627.6574, 627.6575, 627.6579, 627.6613, 627.667, and 627.6675.
(Emphasis added.) Section 627.6698, also within part VII of chapter 627 and entitled "Attorney's fees," reads as follows:
(1) Upon the rendition of a judgment by any of the courts of this state against an insurer and in favor of any resident of this state who is one of a group of persons insured under a master group health insurance policy executed by the insurer and covering residents of this state, whether issued or delivered inside or outside this state, the trial court or, in the event of an appeal in which the insured prevails, the appellate court shall award the insured a reasonable attorney's fee. However, attorney's fees shall not be allowed if the suit was commenced prior to the expiration of 60 days after proof of the claim was duly filed with the insurer.
(2) When so awarded, the attorney's fee shall be included in the judgment or decree rendered in the case.
(Emphasis added.)
The Modders argue that the exclusionary provision of section 627.6515(2), Florida Statutes (1995), does not exempt ANTEX from the all-inclusive language of the attorney's fees provision under section 627.6698, Florida Statutes (1995).
The Modders contend that because the Florida Legislature enacted the attorney's fees provision after the exclusionary provision, the legislature could not have contemplated that section 627.6515(2) would exempt an insurer from fee liability under section 627.6698.
In the alternative, the Modders argue that ANTEX failed to establish that the NBA came within the exclusionary provision of section 627.6515(2).
On the other hand, ANTEX maintains that it issued and delivered its policy to the NBA outside of Florida and has otherwise satisfied all the requirements of the exclusionary provision. ANTEX argues that the NBA was formed for purposes other than providing insurance and comprises an association group under section 627.6515(2), thereby qualifying for exemption from attorney's fee liability under section 627.6698. Consequently, ANTEX contends that after reconsideration the district court correctly interpreted the statutes in question and denied the appellants' motion for attorney's fees. See Modder, 86 F.3d at 1071.
In Holly v. Auld, 450 So.2d 217 (Fla.1984), this Court explained that while extrinsic aids and rules of statutory construction and interpretation are available to courts where statutes are ambiguously worded, "[w]hen the language of the statute is clear and unambiguous and conveys a clear and definite meaning, there is no occasion for resorting to the rules of statutory interpretation and construction; the statute must be given its plain and obvious meaning." Id. at 219 (quoting A.R. Douglass, Inc. v. McRainey, 102 Fla. 1141, 1144, 137 So. 157 (1931)). We conclude the plain language of these statutes indicates that the exclusionary provision of section 627.6515(2) exempts insurers...
To continue reading
Request your trial
-
Campus Communications, Inc. v. Earnhardt
...is retroactive, there is no need to resort to these canons of statutory construction.") (citations omitted); (Modder v. American Nat'l Life Ins. Co., 688 So.2d 330, 333 (Fla.1997). In the instant case, the Legislature was clear in its intent, twice expressly stating that section 406.135 was......
-
IN RE JACKIE JOHNS, DMD, PA, Bankruptcy No. 98-30924-BKC-PGH. Adversary No. 01-3055-BKC-PGH-A
...and obvious meaning." Hott Interiors, Inc. v. Fostock, 721 So.2d 1236, 1238 (Fla. 4th DCA 1998) (quoting Modder v. American Nat'l Life Ins. Co. of Tex., 688 So.2d 330, 333 (Fla. 1997)). This Court has stated in the past that "bankruptcy judges have no more power than any others to ignore th......
-
In re Greenwasser, Bankruptcy No. 01-20287-BKC-PGH. Adversary No. 01-02121-BKC-PGH-A.
...and obvious meaning." Hott Interiors, Inc. v. Fostock, 721 So.2d 1236, 1238 (Fla. 4th DCA 1998)(quoting Modder v. American Nat'l Life Ins. Co. of Tex., 688 So.2d 330, 333 (Fla.1997)). In order for section 772.14 to apply, the Debtor in the instant civil proceeding had to have been convicted......
-
Promontory Enterprises, Inc. v. SOUTHERN ENGIN. & CONTRACT., INC.
...is retroactive, there is no need to resort to these canons of statutory construction.") (citations omitted); Modder v. American Nat'l Life Ins. Co., 688 So.2d 330, 333 (Fla.1997). Earnhardt, 821 So.2d at Generally, unless the Legislature clearly expresses its intention to the contrary, subs......