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Fehring v. State Insurance Fund2/6/2001
rt judgment and remanding for further proceedings. Instead, the trial court summary judgment in favor of SIF should have been affirmed.
PART V. CONCLUSION.
SIF is a State entity coming within the coverage of the GTCA. Its employees are categorized as State employees and its entire structure is permeated with control and direction by the legislative and executive arms of State government, the latter of which it is a part. In the circumstances of this case, SIF was properly granted GTCA immunity because it is legally impossible for appellants to prove both a valid claim of bad faith failure to timely pay the compensation award and that SIF employees were acting within the scope of their employment. Finally, a majority of the COCA erred in ruling SIF was still subject to suit in contract and potentially liable for the same damages potentially recoverable in tort, but for the GTCA immunity. Such ruling failed to recognize that contractual damages are not coextensive with the damages potentially recoverable in tort for the bad faith conduct of an insurer and failed to properly consider the impact of the WCA provision(s) for enforcing a workers' compensation award.
For the reasons specified, the Court of Civil Appeals' opinion is VACATED and the trial court judgment is AFFIRMED.
HARGRAVE, C.J., HODGES, LAVENDER, SUMMERS and WINCHESTER, JJ., concur.
WATT, V.C.J. and KAUGER, J., concur by reason of stare decisis.
OPALA, J., concur in Parts I, II, III; concur in judgment but not in the court's pronouncement in Part IV.
BOUDREAU, J., disqualified.
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