Wyoming Ins. Dept. v. Sierra Life Ins. Co.
| Decision Date | 10 September 1979 |
| Docket Number | No. 5069,5069 |
| Citation | 599 P.2d 1360 |
| Parties | WYOMING INSURANCE DEPARTMENT, Appellant (Plaintiff), v. SIERRA LIFE INSURANCE COMPANY, Appellee (Defendant). |
| Court | Wyoming Supreme Court |
John D. Troughton, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Bob R. Bullock, Senior Asst. Atty. Gen., Cheyenne, for appellant (plaintiff).
Glenn Parker of Hirst & Applegate, Cheyenne, for appellee (defendant).
Before RAPER, C. J., McCLINTOCK, THOMAS and ROSE, JJ., and GUTHRIE, J., Retired. *
The question presented by this appeal is whether the trial judge properly dismissed a complaint with prejudice pursuant to a Rule 12(b)(6), W.R.C.P., motion. We find that the dismissal of the case amounted to a summary judgment, and that the granting of summary judgment was improper.
The Wyoming Insurance Department filed suit against Sierra Life Insurance Company, an Idaho corporation authorized to do business in Wyoming. Plaintiff alleges the following: (1) Defendant violated § 26-2-120, W.S.1977, when it refused to allow an examination of its business by a Wyoming examiner. (2) Defendant has failed to reimburse the state for expenses incurred by the examiner who was sent to defendant's home office to conduct a financial examination in accordance with § 26-2-122, W.S.1977. (3) Defendant violated the provisions set forth under the Wyoming Insurance Code and civil penalties should be granted in accordance with § 26-1-115(b), W.S.1977. (4) Defendant has failed to pay premium taxes for 1976 and 1977 in violation of § 26-4-103, W.S.1977.
The complaint was filed on March 16, 1978. On March 31, 1978, Sierra Life Insurance Company moved the court to dismiss the state's complaint pursuant to Rule 12(b), W.R.C.P., and a hearing was held on the motion to dismiss on November 2, 1978. The state failed to appear at the hearing. On November 6, 1978, the district court entered an order dismissing the complaint. In this order, the trial judge stated that he had "examined the files."
Plaintiff argues that the motion to dismiss should not have been granted because the complaint states a claim upon which relief may be granted, and that the trial court abused its discretion in dismissing the complaint with prejudice. We do not agree with plaintiff's interpretation of the issues. We are of the opinion that the dispositive question is whether the court properly disposed of the case upon summary judgment.
The Federal Rules of Civil Procedure served as a model for our own rules of civil procedure. Rule 12(b)(6), W.R.C.P., supra, and the last sentence of Rule 12(b), W.R.C.P., are identical to the federal rules. The original version of Rule 12(b) of the Federal Rules of Civil Procedure did not contain the last sentence. The last sentence was added in 1948 to resolve a controversy as to whether it was proper to introduce evidence in addition to the complaint on a Rule 12(b)(6) motion. Advisory Committee Note to the 1948 Amendment to Rule 12(b), F.R.C.P.; Wright & Miller, Federal Practice and Procedure: Civil § 1355.
The last sentence of Rule 12(b) provides:
"If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56."
In School Districts Nos. 2, 3, 6, 9, and 10 v. Cook, Wyo., 424 P.2d 751, 754 (1967), we held that if a court, pursuant to a Rule 12(b) motion, reviews material in addition to the complaint, this court will treat the motion as one of summary judgment. In the present case, the trial judge in arriving at his decision considered an order issued by the First Judicial District in the County of Santa Fe, New Mexico (SF 77-15556). This order was not part of the pleadings. We will, therefore, review the trial court's order dismissing the complaint in light of Rule 56, W.R.C.P.
We have long held that summary judgment should not be granted where there is an issue of fact or when inquiry into the facts is necessary to clarify application of the law. Forbes Company, Inc. v. MacNeel, Wyo., 382 P.2d 56, 57 (1963). In viewing the evidence considered by the trial judge, we must view it in the light most favorable to the party opposing the motion. Cantonwine v. Fehling, Wyo., 582 P.2d 592 (1978).
The order states that the New Mexico court order was "misconceived" by the plaintiff and that in fact the defendant does not owe the state of Wyoming money for premium taxes. The court, however, fails to make findings concerning the other three matters raised by the state in its complaint.
The New Mexico court order states:
The state contends that the order declares that Sierra is liable for Sandia's past, present and future obligations. Therefore, Sierra's liability for past premium taxes is a question of fact that is properly before the district court. We agree with plaintiff's interpretation of the New Mexico court order. Likewise the other three issues raised by the state in its complaint are factual.
Defendant further contends that the plaintiff has failed to preserve its objection for appeal. In support of this argument, defendant points to the fact that the state did not object to the trial court's order, nor did it file a motion under Rule 60(b), W.R.C.P. requesting relief. While we do not deny that this court has long held that an objection must be raised at the trial level before we will consider the issue, this rule is not applicable to the case at bar. Nor do we find from the language of the district court's order that the judgment was a default judgment even though the state failed to appear at the hearing.
In Robison v. Sales and Use Tax Division, State Tax Commission, Wyo., 524 P.2d 82 (1974), we held that a...
To continue reading
Request your trial
-
O'Donnell v. City of Casper
...court we must review the entire record in order to determine whether summary judgment was proper. Wyoming Insurance Department v. Sierra Life Insurance Company, Wyo., 599 P.2d 1360 (1979). This court has the same duty as the trial court; assuming the record is complete, we have the same mat......
-
Estate of Reed, Matter of
...1160 (Wyo.1986); Kirby Bldg. Systems, Inc. v. Independence Partnership No. One, 634 P.2d 342 (Wyo.1981); and Wyoming Ins. Dept. v. Sierra Life Ins. Co., 599 P.2d 1360 (Wyo.1979). An extended recitation of summary judgment analysis will not be pursued, but at its foundation is the principle ......
-
Oil, Chemical and Atomic Workers Intern. Union v. Sinclair Oil Corp.
...in the light of the facts surrounding the parties when this court examines the entire record, Wyoming Insurance Department v. Sierra Life Insurance Co., Wyo., 599 P.2d 1360 (1979), and considers this record from the viewpoint favorable to the party opposing the motion, the respondent. Green......
-
Amrein v. Wyoming Livestock Bd.
...713 P.2d 1160 (Wyo.1986); Kirby Bldg. Systems v. Independence Partnership No. One, 634 P.2d 342 (Wyo.1981); Wyoming Ins. Dep't. v. Sierra Life Ins. Co., 599 P.2d 1360 (Wyo.1979). We hold that the trial court properly dismissed the complaint as to Dr. Swanson because of the failure of the co......