Allstate Ins. Co. v. Reid

934 So. 2d 56, 2005 La. App. LEXIS 2500, 2005 WL 3194297
CourtLouisiana Court of Appeal
DecidedNovember 30, 2005
Docket2004 CA 1620
StatusPublished
Cited by6 cases

This text of 934 So. 2d 56 (Allstate Ins. Co. v. Reid) 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
Allstate Ins. Co. v. Reid, 934 So. 2d 56, 2005 La. App. LEXIS 2500, 2005 WL 3194297 (La. Ct. App. 2005).

Opinion

934 So.2d 56 (2005)

ALLSTATE INSURANCE COMPANY
v.
Robert REID.

No. 2004 CA 1620.

Court of Appeal of Louisiana, First Circuit.

November 30, 2005.
Rehearing Denied July 17, 2006.

*58 David C. Forrester, Baton Rouge, Counsel for Plaintiff/Appellee Allstate Insurance Company.

Michael A. Betts, Denham Springs, Counsel for Defendant/Appellee Robert Reid.

Henry G. Terhoeve, Baton Rouge, Counsel for Third Party Defendant/Appellant State Farm Mutual Automobile Insurance Company.

Before: CARTER, C.J., KUHN, PETTIGREW, McDONALD, and McCLENDON, JJ.

McDONALD, J.

In this appeal, an insurer contests a trial court's determination that its automobile liability policy afforded coverage for damage to a boat being transported by the insured, along with the court's imposition of penalties and attorney fees. We reverse, but remand the case to the trial court to set a reasonable attorney fee award.

BACKGROUND

This lawsuit stems from an automobile accident occurring on May 10, 2001, on Louisiana Highway 70 in Assumption Parish. At that time, Robert Reid and his friend Kenneth May were returning home from a fishing trip. Reid was driving his Dodge Ram truck and pulling a boat and trailer owned by May. At some point, Reid lost control of the vehicle and veered off the roadway, striking a bridge rail with the boat and the boat trailer, causing damage to both.

Allstate Insurance Company, which issued a policy to May insuring the boat and boat trailer, tendered $7,324.74 to May for damage to the trailer and boat as a result of the accident, and released the boat to May. Thereafter, on March 13, 2002, All-state *59 filed this lawsuit against Reid, asserting a subrogation claim seeking to recover the amount it paid to May for the boat damage.

In turn, Reid filed a third party demand against State Farm Mutual Automobile Insurance Company, which provided liability insurance on his truck. State Farm denied coverage under the policy and also refused to provide Reid with a defense on the Allstate claim. Averring that State Farm's refusal to honor the claim or provide him with a defense was arbitrary and capricious, Reid sought to recover penalties, attorney fees and costs associated with the Allstate litigation.

State Farm filed a motion for summary judgment, asserting that the only coverage available under its policy was a $500.00 limit for damage to a non-owned trailer under the collision portion of the policy. It is undisputed that State Farm paid Allstate $500.00 for the trailer damage. State Farm urged that the policy specifically excluded coverage for damage to property being transported by the insured, and therefore argued that because it had paid the policy limits on the trailer damage claim to Allstate, it had no remaining liability to Reid.

Initially, the trial court granted State Farm's motion for summary judgment only as to Reid's claims for mental and emotional anguish, but denied the motion as to the property damage claim. State Farm sought supervisory writs before this court, which were denied. Allstate Insurance Company v. Reid, XXXX-XXXX (La. App. 1st Cir.8/11/03).

Thereafter, following a trial, the court ruled that Reid and May were each fifty percent at fault in causing the boat damage. The court ordered Reid and State Farm to pay one-half of May's boat damage and entered judgment against the two in the amount of $3,912.37. The trial court found that State Farm was arbitrary and capricious in failing to provide Reid with a defense in light of its earlier denial of State Farm's motion for summary judgment on the coverage issue, followed by this court's denial of State Farm's writ application raising the coverage issue. The trial court assessed a $1,000.00 penalty against State Farm and ordered it to pay Reid $10,066.90 in attorney fees.

State Farm appealed, contending that the trial court erred in finding coverage under the State Farm policy for damage to the boat and trailer, in granting judgment in favor of Allstate when it did not sue State Farm, and also, in assessing penalties and attorney fees.

INSURANCE COVERAGE

We first address the trial court's determination that the State Farm policy afforded coverage for the damage to a boat that was transported by State Farm's insured. An insurance policy is an agreement between the parties and should be interpreted using ordinary contract principles. Reynolds v. Select Properties, Ltd., 93-1480 (La.4/11/94), 634 So.2d 1180, 1183. In interpreting contracts, the role of the judiciary is to ascertain the common intent of the parties. Cadwallader v. Allstate Ins. Co., XXXX-XXXX, p. 3 (La.6/27/03), 848 So.2d 577, 580. If the language in an insurance contract is clear, unambiguous, and expressive of the intent of the parties, the agreement must be enforced as written. Reynolds, 634 So.2d at 1183.

Ambiguous policy provisions are generally construed against the insurer and in favor of coverage. Under this rule of strict construction, equivocal provisions seeking to narrow an insurer's obligation are strictly construed against the insurer. Cadwallader, XXXX-XXXX at p. 4, 848 So.2d at 580. For the rule of strict construction *60 to apply, an insurance policy must not only be susceptible to two or more interpretations, but each of the alternative interpretations must be reasonable. Id.

It is equally well settled, however, that subject to the above rules of interpretation, insurance companies have a right to limit coverage in any manner they so desire, provided the policy limitations do not conflict with statutory provisions or public policy. Reynolds, 634 So.2d at 1183. The insurer has the burden of showing that a loss falls within a policy exclusion. Classert v. Butler, 98-1991, p. 9 (La.App. 1st Cir.11/5/99), 746 So.2d 787, 792.

With these precepts in mind, we turn to the pertinent language of the State Farm policy. The liability portion of the policy, set forth in Coverage A, obligates State Farm to pay damages that an insured becomes legally liable to pay because of "damage to or destruction of property including loss of its use" resulting from an accident caused by the use of the insured's vehicle. The policy contains two separate sections providing for trailer coverage. The first, found under the liability portion of the policy, provides that trailers designed to be pulled by a private passenger car or utility vehicle, with some exceptions as to the type of trailer, are covered "while owned or used by an insured." The policy contains the following exclusion from liability coverage:

When Coverage A Does Not Apply

In addition to the limitations of coverage in Who is an Insured and Trailer Coverage:
THERE IS NO COVERAGE:
4. FOR ANY DAMAGES TO PROPERTY OWNED BY, RENTED TO, IN THE CHARGE OF OR TRANSPORTED BY AN INSURED.

The second trailer provision is found in the policy's comprehensive/collision coverage, and provides as follows:

Trailer Coverage

2. Non-Owned trailer or Detachable Living Quarters

Any physical damage coverage in force on your car applies to a non-owned:
a. trailer, if it is designed for use with a private passenger car...
used by the first person named in the declarations, his or her spouse or their relatives.
The most we will pay under the comprehensive or collision coverage for a loss to such non-owned trailer or unit is $500.00.

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Cite This Page — Counsel Stack

Bluebook (online)
934 So. 2d 56, 2005 La. App. LEXIS 2500, 2005 WL 3194297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-ins-co-v-reid-lactapp-2005.