Adamson v. State Farm Mut. Auto. Ins. Co.

676 So. 2d 227, 95 La.App. 1 Cir. 2450, 1996 La. App. LEXIS 1412, 1996 WL 375000
CourtLouisiana Court of Appeal
DecidedJune 28, 1996
Docket95 CA 2450
StatusPublished
Cited by13 cases

This text of 676 So. 2d 227 (Adamson v. State Farm Mut. Auto. Ins. Co.) 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
Adamson v. State Farm Mut. Auto. Ins. Co., 676 So. 2d 227, 95 La.App. 1 Cir. 2450, 1996 La. App. LEXIS 1412, 1996 WL 375000 (La. Ct. App. 1996).

Opinion

676 So.2d 227 (1996)

Joseph Chester ADAMSON, Jr., et al.
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., et al.

No. 95 CA 2450.

Court of Appeal of Louisiana, First Circuit.

June 28, 1996.

R. Scott Ramsey, Jr., Berwick, for Plaintiffs/Appellants, Joseph Chester Adams, Jr., et al.

J. Dana Ortego, Houma, for Defendant/Appellee, Louisiana Insurance Guaranty Association.

Philip G. Caire, Baton Rouge, for Intervenor, Louisiana Pest Control Insurance Company.

Dennis J. Elfert, Houma, for Defendant/Appellee, State Farm Mutual Automobile Insurance Company.

*228 Before CARTER and PITCHER, JJ., and KLINE[1], J. Pro Tem.

CARTER, Judge.

This is an appeal from a trial court judgment, granting a motion for summary judgment.

FACTS

On July 23, 1992, plaintiff, Joseph C. Adamson, Jr., was operating a 1992 Toyota pickup truck owned by his employer, Clay Hebert, d/b/a Rid-A-Critter, Inc. (Hebert). Plaintiff was proceeding in a northerly direction on Parish Road 35 in St. Mary Parish, near its intersection with Southern Pacific Railroad tracks. Simultaneously, Herbert W. Vance was driving a 1979 Mercury automobile in a northerly direction on Parish Road 35, approaching plaintiff's vehicle from the rear. As plaintiff stopped at the railroad tracks for a passing train, he was hit from the rear by the vehicle driven by Vance. As a result of the collision, plaintiff sustained injuries.

On January 14, 1993, plaintiff and his wife, Mariela, filed an action for damages.[2] Named as defendants in the action were Vance; Car Insurance Company, Vance's automobile liability insurer;[3] and State Farm Mutual Automobile Insurance Company (State Farm), plaintiffs' alleged automobile liability and uninsured/underinsured motorist (UM) insurer, as well as the liability and UM insurer of plaintiff's employer, Hebert. Thereafter, by supplemental and amending petition, plaintiffs added as a defendant the Louisiana Insurance Guaranty Association (LIGA).

On September 7, 1993, Louisiana Pest Control Insurance Company filed a petition for intervention, alleging that, as workers' compensation insurer of Hebert, it had paid to or on behalf of plaintiffs workers' compensation benefits and medical expenses incurred as a result of the July 23, 1992, accident. Thus, Louisiana Pest Control Insurance Company contended that it was subrogated to the rights of plaintiffs to the extent of its payments and that it is entitled to preferential payment of such amount out of any damages which might be awarded to plaintiffs.

On June 8, 1994, State Farm filed an answer to plaintiffs' petition, alleging that the policy which had been previously issued to plaintiffs had been validly canceled and was not in full force and effect on the date of the accident.

On May 17, 1995, State Farm filed a motion for summary judgment, contending that there was no genuine issue as to material fact and that it was entitled to judgment as a matter of law. State Farm urged that it did not provide UM coverage to plaintiffs on the date of the accident because the policy of insurance at issue had expired prior to the date of the accident. Attached to State Farm's motion for summary judgment were various documents. State Farm policy number 487 7495-A15-18, issued to plaintiffs, covering a 1987 Mercury Lynx, was attached to the motion, along with an affidavit from Ed LaSyone, underwriting/operations superintendent for State Farm, which indicated, in part, as follows:

This certifies that policy number 487 7495-A15-18, covering a 1987 Mercury, was issued to JOSEPH C ADAMSON JR of PO BOX 1042 PATTERSON LA XXXXX-XXXX and was NOT in effect on the accident date of July 23, 1992. The coverages and limits of liability for this policy were: Liability A 100/300/100, Medical C25000, full Comprehensive D, $100 deductible Collision G100, Emergency Road Service H, and Uninsured Motorist U 100/300.
I further certify that the January 15, 1992 Renewal was billed on or about December 12, 1991. The January Renewal was paid continuous coverage on the 50/50 *229 payment plan, with the second half due March 15, 1992. The balance of $226.85 was not paid by March 15, 1992; and on April 1, 1992 a Cancellation Notice was sent informing Mr Adamson that the policy would cancel effective April 15, 1992. The balance was paid, and the policy was reinstated time out of force from April 15, 1992 to April 20, 1992. A Reinstatement Notice was issued with a refund of $12.66 for the time out of force credit. This continued the policy to July 15, 1992.
The July 15, 1992 Renewal Notice was issued on or about June 12, 1992. The renewal was not paid and on July 28, 1992 an Expiration Notice was sent notifying Mr Adamson that his policy EXPIRED effective July 15, 1992.

The affidavit, renewal notice, cancellation notice, reinstatement notice, and expiration notice were all attached to the policy.[4]

In opposition to State Farm's motion for summary judgment, plaintiffs submitted the declarations page of policy number 487 7495-A15-18; the April 1, 1992, cancellation notice; the April 23, 1992, reinstatement notice; the renewal notice; identification cards, showing a renewal effective date of July 15, 1992; copies of State Farm's uncashed drafts payable to plaintiffs and their attorney in the amounts of $871.00 and $10,000.00; the July 28, 1992, expiration notice; and a "Certificate of No Coverage" signed by Ed LaSyone, underwriting/operations superintendent of State Farm. The certificate states, in part, as follows:

This certifies that policy number 487 7495-A15-18, covering a 1987 Mercury, was issued to JOSEPH C ADAMSON JR of PO BOX 1042 PATTERSON LA XXXXX-XXXX and was NOT in effect on the accident date of July 23, 1992.
I further certify, that according to our available records, the renewal notice for the July 15, 1992 renewal was sent to the above latest known address on or about June 11, 1992. Mr. Adamson did not pay the amount due and on or about July 28, 1992, he was sent an expiration notice, notifying him that if the premium was paid on or before August 8, 1992, his policy would be continued with continuous coverage. We did not receive the premium to pay the renewal by August 8, 1992; therefore, the Policy # 487 7495-A15-18 lapsed as of July 15, 1992. Therefore, there was NO Coverage on the date of loss of July 23, 1992.

On May 22, 1995, plaintiffs filed a motion for declaratory relief, requesting a determination that the State Farm policy, number 487 7495-A15-18, provided UM coverage to plaintiffs for the policy period of July 15, 1992, through January 15, 1993, and that plaintiffs had UM coverage with limits of $100,000/300,000 and medical payments coverage of $25,000 on the date of the accident, July 23, 1992.

On June 15, 1995, the parties filed a stipulation of facts, stipulating to the following:

A. Policy No. 487 7495-A15-18 was issued to Adamson for policy period July 15, 1991, to January 15, 1992.
B. Adamson failed to pay for the policy, and it was canceled with a cancellation notice for non-payment of premium effective April 15, 1992.
C. Adamson subsequently paid the premium, and the policy was reinstated on April 20, 1992.
D. Adamson was involved in an automobile accident on July 23, 1992, while driving a vehicle, owned by his employer, during the course and scope of his employment, in Amelia, Louisiana.
E.

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Cite This Page — Counsel Stack

Bluebook (online)
676 So. 2d 227, 95 La.App. 1 Cir. 2450, 1996 La. App. LEXIS 1412, 1996 WL 375000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adamson-v-state-farm-mut-auto-ins-co-lactapp-1996.