Adams v. Frost

990 So. 2d 751, 2008 WL 3854363
CourtLouisiana Court of Appeal
DecidedAugust 20, 2008
Docket43,503-CA
StatusPublished
Cited by8 cases

This text of 990 So. 2d 751 (Adams v. Frost) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Frost, 990 So. 2d 751, 2008 WL 3854363 (La. Ct. App. 2008).

Opinion

990 So.2d 751 (2008)

Earl ADAMS, Plaintiff-Appellee
v.
Milton FROST, et al., Defendants-Appellants.

No. 43,503-CA.

Court of Appeal of Louisiana, Second Circuit.

August 20, 2008.
Rehearing Denied September 11, 2008.

*752 Richard L. Fewell, Jr., for Defendant-Appellant, Milton Frost.

Law Offices of Jim Norris, by William M. Norris, III, West Monroe, for Plaintiff-Appellee, Earl Adams.

Breithaupt, Dunn, Dubos, Shafto, & Wolleson, by Michael L. DuBos, Monroe, Cotton, Bolton, Hoychick & Doughty, by John Hoychick, Jr., Rayville, for Defendant-Appellee, State Farm Fire and Casualty Co.

Nelson, Zentner, Sartor & Snellings, by George M. Snellings, IV, Brandi N. Traylor, Monroe, for Defendants-Appellees, America First Ins. Co. and Calhoun Water System, Inc.

Before BROWN, STEWART and GASKINS, JJ.

STEWART, J.

Defendant and third party plaintiff Milton Frost is appealing a summary judgment in favor of third party defendants, Calhoun Water System, America First Insurance Company, and State Farm Fire & Casualty Co. For the reasons set forth below, we reverse and remand the matter to the trial court for further proceedings.

FACTS

This case involves an altercation that occurred at a Calhoun Water System ("Calhoun") well. On October 14, 2002, Milton Frost ("Frost"), a board member of Calhoun, was performing manual labor on the water system's pipes located on the water system's property. Earl Adams ("Adams"), the owner of the adjacent property, was angry about Calhoun's boundary line, which abutted Adams' property. Adams walked from his trailer home, across his property, and entered the property owned by Calhoun to confront Frost about the property dispute. After the two exchanged words, Adams punched Frost in the mouth, knocking him to the ground and rendering him unconscious. When Frost regained consciousness, Adams began making threatening statements, including invoking his uncle's name, whom Adams had shot and killed. Fearing for his life, Frost struck Adams with the wooden handle of either an axe, sledgehammer or mallet several times on the arms, and at least once on the head, causing injury to Adams.

Adams filed suit on October 9, 2003, naming Frost as a defendant. On April 25, 2007, Frost filed a third party demand against Calhoun, Calhoun's insurer, America First Insurance Company ("AFIC"), and State Farm Fire & Casualty Co. *753 ("State Farm"), Frost's homeowner's policy carrier. On September 4, 2007, AFI and Calhoun, moved for summary judgment on the basis that there was no dispute of material fact that the commercial liability policy issued to Calhoun, did not afford coverage to plaintiff for the incident in question. State Farm also moved for summary judgment on the basis that State Farm did not have a duty to defend Frost. On November 19, 2007, the trial court dismissed all of the third party defendants by way of summary judgment, prompting Frost to file this appeal.

DISCUSSION

The primary issue before us is whether the trial court erred in granting summary judgment in favor of Calhoun, AFIC, and State Farm. More particularly, we must determine whether the trial court incorrectly determined that the commercial policy issued by AFIC to Calhoun does not afford coverage to Frost, in that Frost cannot be classified as an employee of Calhoun Water System. We must also determine whether the trial court erred in determining that State Farm had no duty to defend Frost because the acts in question committed by Frost were intentional, willful, and of the sort which preclude a duty to defend.

In order to reverse the trial court's decision, this court must find on de novo review that the record reveals a genuine issue of fact which precludes summary judgment as a matter of law. Appellate courts review summary judgments de novo using the same criteria that govern a district court's consideration of whether summary judgment is appropriate. Schroeder v. Board of Supervisors of Louisiana State University, 591 So.2d 342 (La.1991); Costello v. Hardy, XXXX-XXXX (La.1/21/04), 864 So.2d 129. A court must grant a motion for summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law." La. C.C.P. art. 966(B). Summary judgment procedure is favored and is designed to secure the just, speedy and inexpensive determination of actions. La. C.C.P. art. 966(A)(2); Mosley v. Temple Baptist Church of Ruston, Louisiana, Inc., 40,546 (La.App. 2nd Cir.1/25/06), 920 So.2d 355.

The burden of proof remains with the movant. However, if the movant will not bear the burden of proof at trial on the matter that is before the court on the motion for summary judgment, the movant's burden on the motion does not require him to negate all essential elements of the adverse party's claim, action, or defense, but rather to point out to the court that there is an absence of factual support for one or more elements essential to the adverse party's claim, action or defense. Thereafter, if the adverse party fails to produce factual support sufficient to show that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact. La. C.C.P. art. 966(C)(2).

An insurance policy is a contract between the parties and should be construed by using the general rules of interpretation of contracts set forth in the Civil Code. Winn v. Nation, 39,229 (La.App. 2nd Cir. 1/26/05), 893 So.2d 133; Smith v. Matthews, 611 So.2d 1377 (La.1993). The judicial responsibility in interpreting insurance contracts is to determine the parties' common intent. See La. C.C. art. 2045. The parties' intent as reflected by the words in the policy determines the extent of the coverage. Pareti v. Sentry Indemnity Co., 536 So.2d 417 (La.1988). The words of a contract must be given *754 their generally prevailing meaning. Words of art and technical terms must be given their technical meaning when the contract involves a technical matter. La. C.C. art. 2047.

An insurance policy should not be interpreted in an unreasonable or a strained manner so as to enlarge or restrict its provisions beyond what is reasonably contemplated by its terms or so as to achieve an absurd conclusion. Lindsey v. Poole, 579 So.2d 1145 (La.App. 2nd Cir. 1991) writ denied, 588 So.2d 100 (La.1991). When the words of a contract are clear and explicit and lead to no absurd consequences, no further interpretation may be made in search of the parties' intent. La. C.C. art. 2046. Where the policy wording at issue is clear and unambiguously expresses the parties' intent, the insurance contract must be enforced as written. Schroeder v. Board of Supervisors of Louisiana State University, supra. If an ambiguity remains after applying the general rules of contractual interpretation to an insurance contract, the ambiguous contractual provision is construed against the insurer who furnished the contract's text and in favor of the insured. Succession of Fannaly v. Lafayette Insurance Co., XXXX-XXXX (La.1/15/02), 805 So.2d 1134, citing, La. C.C. art. 2056.

In the present case, Calhoun and AFIC argue that summary judgment is applicable because Frost is not entitled to a defense or indemnification under AFIC's policy. An insurer seeking to avoid coverage through summary judgment bears the burden of proving some provision or exclusion applies to preclude coverage.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kent & Smith Holdings, L.L.C. v. HDI Global Ins. Co.
344 F. Supp. 3d 878 (M.D. Louisiana, 2018)
Wisznia Company, Incorporated v. General Star Inde
759 F.3d 446 (Fifth Circuit, 2014)
Sibley v. DEER VALLEY HOMEBUILDERS, INC.
32 So. 3d 1034 (Louisiana Court of Appeal, 2010)
Martco Ltd. Partnership v. Wellons, Inc.
588 F.3d 864 (Fifth Circuit, 2009)
Beck v. BURGUENO
996 So. 2d 404 (Louisiana Court of Appeal, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
990 So. 2d 751, 2008 WL 3854363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-frost-lactapp-2008.