Berg, D. v. Nationwide Mut. Ins. Co.

J-A25026-17 2018 PA Super 153 DANIEL BERG, INDIVIDUALLY AND : IN THE SUPERIOR COURT OF AS THE EXECUTOR OF THE ESTATE : PENNSYLVANIA OF SHARON BERG A/K/A SHERYL : BERG : : : v. : : : No. 713 MDA 2015 NATIONWIDE MUTUAL INSURANCE : COMPANY, INC. : : Appellant : Appeal from the Judgment Entered April 21, 2015 In the Court of Common Pleas of Berks County Civil Division at No(s): 98-813 BEFORE: OTT, J., STABILE, J., and STEVENS*, P.J.E. DISSENTING OPINION BY STEVENS, P.J.E.: FILED JUNE 05, 2018 Our standard of review requires affirming the trial court as the finder of fact if there is sufficient evidence in the record to support its findings. Here, the trial court provides citation to ample evidence from the certified record to support its verdict and damage award in favor of the Bergs. Because it is not this Court’s role to usurp the fact-finding power of the trial court by its own interpretation of the factual and testimonial evidence, I respectfully dissent from the Majority’s decision to remand this matter for judgment notwithstanding the verdict.1 ____________________________________________ 1The trial judge's reasoning applied to the issues Appellant properly has raised on appeal is sound. However, it is noted with displeasure his tangential ____________________________________ * Former Justice specially assigned to the Superior Court. J-A25026-17 The Pennsylvania Supreme Court recently adopted the two-part test articulated by this Court in Terletsky v. Prudential Property & Cas. Ins. Co., 649 A.2d 680 (Pa.Super. 1994), which provides that to succeed on a bad faith claim, a plaintiff must present clear and convincing evidence that the insurer lacked a reasonable basis for denying benefits under the policy and that the insurer knew or recklessly disregarded its lack of a reasonable basis. The Supreme Court also held self-interest or ill will “is not a prerequisite to prevailing in a bad faith claim under Section 8371.” Rancosky v. Washington Nat'l Ins. Co., ___ Pa. ____, 170 A.3d 364, 365 (2017). The trial court herein found that on September 10, 1996, Joffred2 initially opined the Bergs’ vehicle was a total loss, and there is ample evidence in the record to support this finding. Such evidence includes, as the Majority acknowledges, an entry in the claims log dated September 10, 1996, despite Witmer’s3 testimony that there was a suggestion that “maybe” the car was not a total loss and his understanding that Joffred believed the Jeep could be a total loss. See Trial Court Opinion and Verdict, 6/21/14, at 3, 5, 10-11, 13- 14; See Berg v. Nationwide Mut.Ins.Co., Inc., 713 MDA 2015 at *14-15. ____________________________________________ discourse concerning insurance companies, most concentrated on pages twenty-one through thirty–three of his July 23, 2015, Opinion, as well as peppered throughout his June 23, 2014, and July 23, 2015, Opinions, is irrelevant, unnecessary to the disposition of the issues, and should have been excluded. 2 Douglass Joffred, Lindgren Chrysler-Plymouth’s body shop manager, provided the initial appraisal of the Jeep. 3 Doug Witmer, a claims adjustor for Nationwide, handled the Bergs’ claim. -2- J-A25026-17 In fact, Nationwide’s Claim Log contains the following, three entries which support the trial court’s finding. An entry dated September 10, 1996, at 1:49 p.m. states: “LOSS assigned to COLL on Daniel G. & Sharon E