Adams v. Thomas

729 So. 2d 1041, 1999 WL 213040
CourtSupreme Court of Louisiana
DecidedApril 13, 1999
Docket98-CC-2003, 98-C-2005
StatusPublished
Cited by19 cases

This text of 729 So. 2d 1041 (Adams v. Thomas) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Thomas, 729 So. 2d 1041, 1999 WL 213040 (La. 1999).

Opinion

729 So.2d 1041 (1999)

Sherry ADAMS and Terry Bryant
v.
William THOMAS, Kelly Thomas, George Michler, Lynn Michler, et al.
Steven Searcy and Barbara H.Smith
v.
Automotive Casualty Insurance Company, Kenyetta Brown and State Farm Mutual Automobile Insurance Company.

Nos. 98-CC-2003, 98-C-2005.

Supreme Court of Louisiana.

April 13, 1999.

Dennis C. Kronlage, New Orleans, for Applicant (No. 98-CC-2003).

Robert G. Harvey, St., Harvey, Jacobson, Corrington, New Orleans; Pierre M. Legrand, Ungarino & Eckert, Metairie; Paul M. Donovan, Donovan & Lawler, Metairie, for Respondent (No. 98-CC-2003).

Mr. and Mrs. George Michler, in proper person (No. 98-CC-2003).

Thomas G. Buck, George C. Aucoin, Jr., Blue Williams, Metairie, for Applicant (No 98-C-2005).

William R. Mustian, III, Geoffrey P. Clement, Duplass, Zwain & Bourgeois, Metairie; C. Gordon Johnson, Jr., James R. Nieset, Jr., New Orleans, for Respondent (No. 98-C-2005).

MARCUS, Justice.[*]

We granted certiorari in these cases and consolidated them for hearing solely to determine whether an automobile liability insurer can exclude coverage to the insured or a person driving the insured's vehicle with his or her permission if that person does not have a valid driver's license.

*1042 FACTS AND PROCCEDINGS BELOW IN 98-CC-2003

Sherry Adams and Terry Bryant were guest passengers in a vehicle driven by William Thomas when it was struck by a vehicle owned by Lynn Michler and operated by her husband, George Michler. The Michler vehicle was insured under an automobile liability policy issued by Regal Insurance Company (Regal) to Lynn Michler. Adams and Bryant filed suit for damages against the Michlers, Regal (incorrectly named as Windsor Insurance Group), and William and Kelly Thomas and their insurer, Allstate. Regal filed a motion for summary judgment asserting that the vehicle listed in the policy of Lynn Michler excluded coverage "if driven by a person who does not have a valid driver's license or by a person under the minimum age required to obtain a license...." Regal contended that Mr. Michler was driving the van with his wife's permission but he had an expired driver's license.[1] The trial judge granted the motion for summary judgment and dismissed plaintiffs' claims against Regal with prejudice. No appeal was taken from that judgment.

When the Thomas' subsequently filed a cross-claim against Regal, Regal again filed a motion for summary judgment arguing no coverage for the same reasons. A different trial judge denied Regal's motion for summary judgment. Regal applied for writs to the court of appeal. The court of appeal granted writs and reversed, finding that the Regal policy provision excluding coverage for drivers without a valid license applied and dismissed Regal from the lawsuit.[2] We granted certiorari to review the correctness of that decision.[3]

FACTS AND PROCEEDINGS BELOW IN 98-C-2005

Steven Searcy and his wife, Barbara Smith, were injured when Kenyetta Brown ran a stop sign and collided with the vehicle owned by Mrs. Smith and being driven by Mr. Searcy. The vehicle operated by Kenyetta Brown was owned by her mother, Denise Brown, and was insured under an automobile liability policy issued by Automotive Casualty Company (Automotive). Searcy and Smith filed suit against Kenyetta Brown, Automotive, and their uninsured motorist carrier, State Farm Mutual Automobile Insurance Company, for personal injuries and property damage to the vehicle. Automotive answered denying coverage on the grounds that Kenyetta Brown did not have permission, either express or implied, to operate her mother's vehicle, and that she was not covered under the policy because its coverage extended only to persons with a valid driver's license who were using the covered auto with the insured's permission.[4] After trial on the merits, judgment was rendered in favor of Steven Searcy and Barbara Smith and against Automotive and Kenyetta Brown in the amounts of $6,362.27 and $5,869.05 respectively plus legal interests and costs.[5] The trial judge found that Kenyetta Brown was an omnibus insured under the Automotive policy because she was not only authorized but instructed by her mother to use the automobile on the date of the accident. Automotive appealed. The court of appeal affirmed, finding that Kenyetta Brown was an insured under the omnibus provisions of the policy because she was driving the vehicle with her mother's permission notwithstanding the fact that she did not have a valid *1043 driver's license.[6] We granted certiorari to review the correctness of that decision.[7] Our task is to reconcile the conflicting results presented by these two cases as well as other prior decisions of the courts of appeal that have addressed the issue.

DISCUSSION

The Louisiana Motor Vehicle Safety Responsibility Law, La. R.S. 32:851-1043, provides a mandatory, comprehensive scheme for the protection of the public from damage caused by motor vehicles. Simms v. Butler, 97-0416 (La.12/2/97), 702 So.2d 686; Hearty v. Harris, 574 So.2d 1234 (La.1991). Every owner of a motor vehicle is required to obtain proof of security prior to registration and/or the issuance of a driver's license. La. R.S. 32:861(A)(1) & (2); 32:862(C) & (D). One method of complying with this requirement is to obtain an automobile liability policy. La. R.S. 32:861(A)(1). La. R.S. 32:861(A)(1) mandates that all such automobile policies include liability limits as defined by La. R.S. 32:900(B)(2), commonly known as the statutory omnibus clause. It provides that:

B. Such owner's policy of liability insurance:
* * * * * *
(2) Shall insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured against loss from the liability imposed by law for damages arising out of the ownership ... of such motor vehicle....

Insurance policies issued in this state are considered to contain all provisions required by statute. Accordingly, La. R.S. 32:900(B)(2) is incorporated into every policy of insurance to which it is applicable, as if it were written in the policy itself. Simms, 702 So.2d at 688. Insurance policies should be generally construed to effect, not deny, coverage. Yount v. Maisano, 627 So.2d 148 (La.1993). An insurer is not at liberty to limit its liability and impose conditions upon its obligations that conflict with statutory law or public policy. Block v. Reliance Ins. Co., 433 So.2d 1040, 1044 (La.1983).

The legislature has enunciated public policy concerning the purpose of liability insurance in La. R.S. 22:655(D) which provides, in pertinent part, that "all liability policies... are executed for the benefit of all injured persons and their survivors or heirs to whom the insured is liable; and, that it is the purpose of all liability policies to give protection and coverage to all insureds, whether they are named insured or additional insureds under the omnibus clause, for any legal liability said insured may have as or for a tort-feasor within the terms and limits of said policy." The purpose of the compulsory automobile liability insurance law is not to protect the owner or operator against liability but to provide compensation for persons injured by the operation of insured vehicles. Couch, Cyclopedia Of Insurance Law, Vol. 12A, § 45:682 (2d ed.1981); Cormier v. American Deposit Ins. Co.,

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Cite This Page — Counsel Stack

Bluebook (online)
729 So. 2d 1041, 1999 WL 213040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-thomas-la-1999.