Ainsworth v. Blythe

923 So. 2d 674, 2005 La. App. LEXIS 2103, 2005 WL 2322771
CourtLouisiana Court of Appeal
DecidedSeptember 23, 2005
DocketNo. 2004 CA 1765
StatusPublished

This text of 923 So. 2d 674 (Ainsworth v. Blythe) 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
Ainsworth v. Blythe, 923 So. 2d 674, 2005 La. App. LEXIS 2103, 2005 WL 2322771 (La. Ct. App. 2005).

Opinion

DOWNING, J.

| ¡Aaron Keith Ainsworth1 appeals a summary judgment entered against him and in favor of State Farm Mutual Automobile Insurance Company (State Farm). Ainsworth was injured in an automobile accident allegedly caused by Anthony Alawy, son of Katy Blythe.2 This appeal addresses whether issues of genuine fact exist regarding whether Ms. Blythe had obtained insurance coverage on the automobile her son was driving at the time of the accident. Concluding that genuine issues of material fact remain, we reverse the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

On May 17, 2001, Ms. Blythe bought a 1992 Camaro for her son to use. That same day she contacted her State Farm agent to inform him that she had purchased the automobile and would need coverage. She and her husband had two other automobiles insured with State Farm. Under the terms of the policies covering those automobiles, the Camaro was covered for thirty days from the date it was purchased. The policies on the other two vehicles were to expire July 12, 2001.

Ms. Blythe’s agent’s assistant sent a bill and UM election form that day stating a premium of $379.16. She sent another bill on June 8 indicating that $565.75 was due. On June 20, the assistant telephoned Ms. Blythe and informed her that the premium was due. Ms. Blythe informed her that the payment would be sent that day. That same day she had her husband transfer $500.00 to State Farm electronically through an online account they had set up to pay premiums on one of the other cars they owned and on which a premium notice had also been sent. State Farm does not dispute ^receipt of this payment but does dispute that it should be imputed to the Camaro.

On July 11, the State Farm agent contacted Mr. Blythe and informed him that the Camaro was not covered and that payment was necessary. Mr. Blythe stated he did not know the Camaro was not covered [676]*676but he agreed to pay in two days on his payday.

On July 11, 2001, Ainsworth was injured in an accident with Ms. Blythe’s son. After Ainsworth filed suit, State Farm filed a motion for summary judgment alleging that it afforded no coverage for the 1992 Camaro at the time of the accident. The trial court granted summary judgment in State Farm’s favor and dismissed Ains-worth’s claims with prejudice. Ainsworth appeals, asserting one assignment of error: “The trial court erred in granting State Farm’s motion for summary judgment as genuine issues of material fact remain in dispute.”

DISCUSSION

Summary judgment is appropriate only if the pleadings, depositions, answers to interrogatories and admissions on file, together with any affidavits, show that there is no genuine issue of material fact and that the mover is entitled to judgment as a matter of law. La. C.C.P. art. 966 B. In determining whether summary judgment is appropriate, appellate courts conduct a de novo review of the evidence, employing the same criteria that govern the trial court’s determination of whether summary judgment is appropriate. Osborne v. JAG Const. Services, Inc., 04-0437, p. 4 (La.App. 1 Cir. 2/16/05), 906 So.2d 601, 603, unit denied, 05-0739 (La.5/6/05), 901 So.2d 1101.

The issues before us concern the electronic payment Mr. Blythe made on June 20, 2001. Ainsworth asserts that questions of material fact remain regarding whether these payments should have been imputed to the premium |4for the Camaro that was past due rather than to the premium for the other two automobiles that was not yet due. Ainsworth further argues that questions of fact remain as to whether the June 20 payment was sufficient to ensure coverage for the Camaro. We agree.

In pertinent part, La. C.C. art. 1864 provides that “[t]he obligor’s intent to pay a certain debt may be expressed at the time of payment or may be inferred from circumstances known to the obligee.” See also Lone Star Industries, Inc. v. American Chemical, Inc., 480 So.2d 730, 731 (La.1986). The Blythes assert that they intended the June 20 payment to be imputed to the Camaro. Here, the obligee, State Farm, knew on June 20, 2001 that Blythe’s payment on the Camaro was past due, that Ms. Blythe promised to arrange payment that day and that a payment was made that day. It knew that payment on the other vehicle would not be past due until after July 12. The issue of intent to impute must be decided “on the basis of the traditional test of reasonable men and reasonable minds.” Ford Motor Credit Co. v. Hogg, 351 So.2d 1324, 1326 (La.App. 2 Cir.1977). Further, as our brethren on the Third Circuit stated in a somewhat different context regarding imputation of payment where a client maintains two or more accounts:

[W]e feel that the insurer who knows that the plaintiff is covered under two separate policies issued by it, and is paying under both of the policies at the same time, is held responsible for making sure its internal administrative personnel pay under both policies according to their terms.

Wiley v. Louisiana & Southern Life Ins. Co., 302 So.2d 704, 710 (La.App. 3 Cir. 1974).

State Farm cites Brown v. Allstate Ins. Co., 37,151 (La.App. 2 Cir. 5/14/03), 847 So.2d 70, for the proposition that it is unnecessary to determine the Blythe’s intent to impute the $500.00 premium payment. It appears that State Farm misapprehends the holding in Brown, where the [677]*677| RSecond Circuit concluded that it could not reverse a trial court’s factual finding absent manifest error. Id. at p. 7, 847 So.2d at 74-75. Brown addressed whether an automobile was covered under the “no pay, no play” statute, La. R.S. 32:866 B, at the time of an accident. The plaintiff had made a substitution by endorsement, transferring coverage from one vehicle to another, in which she initialed a provision stating that she was advised of the policy and that she had read it. Id. at pp. 5-6, 847 So.2d at 74. The court noted, “the only question for purposes of statutory application is whether or not [plaintiffs automobile] was covered at the time of [t]he accident,” and “the trial court found that it was not.” Id. at p. 7, 847 So.2d at 74-75. The plaintiffs intent was not pertinent to “application of the statute.” Id. at p. 7, 847 So.2d at 74.

On review of summary judgment, we are not bound the trial court’s findings. Rather, we are to conduct a de novo review. Osborne, 04-0437 at p. 4, 906 So.2d at 603. In the matter before us, we have concluded that a genuine issue of material fact remains concerning whether the Blythe’s Camaro was covered by insurance on the date of the accident. More specifically, we conclude, despite State Farm’s arguments, that a genuine issue of material fact exists concerning whether the June 20, 2001 electronic payment should have been imputed to the Camaro.

Even so, State Farm next argues that since the payment of $500.00 did not fully pay the amount due on the Camaro, or $565.75, the Blythes failed to comply with the requirements to provide coverage. Evidence in the record suggests, however, that State Farm had been accepting erratic partial payments from the Blythes for approximately six years. State Farm’s counsel acknowledged this evidence before the trial court as follows:

Trial court: Were these payments — Everybody is saying five hundred dollars.

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Related

Lone Star Industries, Inc. v. American Chemical, Inc.
480 So. 2d 730 (Supreme Court of Louisiana, 1986)
Wiley v. Louisiana and Southern Life Insurance Co.
302 So. 2d 704 (Louisiana Court of Appeal, 1975)
Osborne v. JAG Const. Services, Inc.
906 So. 2d 601 (Louisiana Court of Appeal, 2005)
Ford Motor Credit Co. v. Hogg
351 So. 2d 1324 (Louisiana Court of Appeal, 1977)
Brown v. Allstate Insurance Co.
847 So. 2d 70 (Louisiana Court of Appeal, 2003)

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Bluebook (online)
923 So. 2d 674, 2005 La. App. LEXIS 2103, 2005 WL 2322771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ainsworth-v-blythe-lactapp-2005.