Benjamin McClure v. Country Life Ins. Co.

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 27 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BENJAMIN MCCLURE, No. 18-16661
Plaintiff-Appellee, D.C. No. 2:15-cv-02597-DLR
v.
MEMORANDUM*
COUNTRY LIFE INSURANCE
COMPANY, FDBA Country Companies,
DBA Country Financial; CC SERVICES,
INC., DBA Country Financial,
Defendants-Appellants.
Appeal from the United States District Court
for the District of Arizona
Douglas L. Rayes, District Judge, Presiding
Argued and Submitted February 5, 2020
Phoenix, Arizona
Before: GRABER, HURWITZ, and MILLER, Circuit Judges.
After a jury trial, the district court entered a judgment holding Country Life
Insurance Company (“CLI”) and CC Services, Inc. (“CCSI”) (together, the
“Defendants”) liable for the bad faith termination of Benjamin McClure’s disability
benefits and, as relevant to this appeal, awarding McClure $1.29 million in
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
compensatory damages for emotional distress against the Defendants jointly and
severally, and $2.5 million in punitive damages severally against each Defendant.
We affirm.
1. Drawing all reasonable inferences in McClure’s favor, there was
sufficient evidence to support the jury’s conclusion that the Defendants were
engaged in a joint venture under Arizona law. CLI had no employees of its own; all
of those who made disability termination decisions were employed by a sister
company, CCSI. CCSI employees were compensated in part based on the
profitability of CLI, which in turn depended on the decisions those employees made
concerning disability benefits. A reasonable jury could therefore find that CLI and
CCSI “share[d], to some extent, . . . in the control and management of the venture,”
Estate of Hernandez v. Flavio, 930 P.2d 1309, 1313 (Ariz. 1997), or that CLI had
otherwise “effectively place[d] control” over claims decisions in CCSI’s hands,
Ellingson v. Sloan, 527 P.2d 1100, 1104 n.1 (Ariz. Ct. App. 1974); see also Sparks
v. Republic Nat’l Life Ins. Co., 647 P.2d 1127, 1138 (Ariz. 1982).
2. The district court did not err in finding that the evidence at trial
sufficiently supported the separate punitive damages award against CCSI.1
“Arizona’s courts have long held that a business may be vicariously liable in punitive
1
On appeal, the Defendants do not challenge the punitive damages award
against CLI or the imposition of two awards against CCSI and CLI severally, rather
than one joint and several award.
2
damages for acts an employee commits in furtherance of the business and within the
scope of employment.” Hyatt Regency Phx. Hotel Co. v. Winston & Strawn, 907
P.2d 506, 515 (Ariz. Ct. App. 1995). All actions at issue in this case were undertaken
by CCSI employees, in furtherance of and within the scope of their employment, and
the jury was instructed on respondeat superior liability. There was sufficient
evidence from which the jury could have found that these employees acted with an
evil mind in terminating McClure’s benefits. See Sec. Title Agency, Inc. v. Pope,
200 P.3d 977, 995 (Ariz. Ct. App. 2008).
3. The district court did not abuse its discretion in limiting the testimony
of Defendants’ expert witness. The expert seemed to misunderstand the definition
of “bad faith” under Arizona law, and the court reasonably concluded that her
testimony would have been an improper expert opinion on an ultimate issue of law.
See United States v. Diaz, 876 F.3d 1194, 1197 (9th Cir. 2017). Even assuming that
McClure’s challenge to the expert’s testimony was untimely, district courts still
“must perform a ‘gatekeeping role’” with respect to expert testimony. United States
v. Ruvalcaba-Garcia, 923 F.3d 1183, 1188 (9th Cir. 2019) (citation omitted).
4. The district court also did not abuse its discretion in upholding the $1.29
million compensatory damages award for emotional distress. The award was not
“grossly excessive or monstrous,” see McCollough v. Johnson, Rodenburg &
Lauinger, LLC, 637 F.3d 939, 957 (9th Cir. 2011) (citation omitted), and the jury
3
could have reasonably inferred from the evidence that the termination of benefits
aggravated McClure’s emotional distress, see Ontiveros v. Borak, 667 P.2d 200, 205
(Ariz. 1983).
AFFIRMED.
4
FILED
McClure v. Country Life Ins., No. 18-16661
FEB 27 2020
GRABER, Circuit Judge, concurring in part and dissenting in part: MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
Although I agree with the remainder of the majority disposition, I
respectfully dissent from Paragraphs 1 and 2.
In my view, the evidence was insufficient to support a finding that CCSI
engaged in a "joint venture" with Country Life, which was Plaintiff’s only theory
of liability as to CCSI. Under the unchallenged instructions, the jury had to find
that there was a joint venture "related to claims handling." (Emphasis added.) The
only evidence as to CCSI as an entity is that it processed payroll. By contrast, only
Country Life handled claims, and only Country Life denied Plaintiff’s claim.
Under Arizona law, Sparks v. Republic Nat’l Life Ins., 647 P.2d 1127, 1138 (Ariz.
1982) (en banc), a joint venture requires (among other things) an agreement and an
equal right of control. CCSI as an entity had no agreement with Country Life that
"related to claims handling"; the agreement was to process payroll. Nor did CCSI
have any right of control over claims handling. Indeed, the Arizona Supreme
Court reversed a judgment premised on a joint venture in a similar situation on the
ground that the plaintiffs had "failed to show any active involvement" by the
insurance-related entity in question. Id.
Accordingly, I would vacate the judgment against CCSI in its entirety. See
Bridgestone/Firestone N. Am. Tire, L.L.C. v. Naranjo, 79 P.3d 1206, 1213 (Ariz.
Ct. App. 2003) (holding that a claim for punitive damages cannot proceed when
the plaintiff cannot recover actual damages from a given entity).
2