Page:Parker v. Southern Farm Bureau Casualty Insurance Co.pdf/17

Rh expiration date. Southern Farm's contention was that Parker had paid only for three-months' coverage, and Southern Farm, in good faith, had notified Parker prior to the three-month period that his policy would lapse, unless Parker had paid his six-month premium in full. Parker clearly failed to do so. Even so, the trial court still determined Parker's policy was in force. The trial court held that Southern Farm's interpretation of the Hall decision was wrong and that, while the company contended Parker's policy was like a renewal policy such as the one in Hall, Parker's policy, instead, was for a six-month term and only three months had expired. The trial court concluded that, unlike the Hall decision, Parker was not renewing his policy, and Southern Farm was required to give Parker the ten-day cancellation notice in § 23-89-304(a)(1) when he failed to pay the three-month premium balance owed on his policy.

Even though the trial court rejected Southern Farm's legal theory concerning this ten-day notice issue, it decided the company's argument had been made in good faith. In my view, to overturn the trial court's decision would tend to chill legitimate legal arguments. While Parker is convinced Southern Farm's argument was spurious, the trial court was not so sure (and neither am I), especially since Southern Farm's theory was based upon legal precedent similar to the situation in this case. Also, while Parker seems convinced that Southern Farm's failure to accept responsibility for Parker's claim was personally and oppressively directed at him, Southern Farm had mailed Parker a timely "renewal notice" like the one utilized in the Hall case. That notice very clearly informed Parker that the notice was the only one he would receive if he intended to keep his coverage in force. Southern Farm's "renewal notice" was based upon Hall, and even though it was ultimately held by the trial court to be invalid, that holding does not mean Southern Farm was in bad faith in adopting such a notice procedure. At least, I cannot say the trial court erred in reaching such a conclusion.

In other issues, Parker asserts the trial court erred in denying him certain discovery which might have led him to evidence bearing on the "bad faith" issue. For example, Parker claims that, if he could have obtained Southern Farm's twenty most recent notices to its insureds who were to be cancelled for nonpayment of premiums, he might have been able to show if he was being treated differently