American Deposit Ins. Co. v. Myles

783 So. 2d 1282, 2001 WL 419115
CourtSupreme Court of Louisiana
DecidedApril 25, 2001
Docket2000-C-2457
StatusPublished
Cited by52 cases

This text of 783 So. 2d 1282 (American Deposit Ins. Co. v. Myles) 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
American Deposit Ins. Co. v. Myles, 783 So. 2d 1282, 2001 WL 419115 (La. 2001).

Opinion

783 So.2d 1282 (2001)

AMERICAN DEPOSIT INSURANCE COMPANY
v.
Ivory MYLES, Bobbie Myles, Windy Myles, and Courtney Myles.

No. 2000-C-2457.

Supreme Court of Louisiana.

April 25, 2001.

*1283 David I. Bordelon, William H. Eckert, Donald R. Klotz, Jr., Metairie, Counsel for Applicant.

Berit C. Hanna, Metairie, James H. Minge, New Orleans, Counsel for Respondent.

CALOGERO, Chief Justice.

This action for declaratory judgment arises out of a dispute over insurance coverage for an automobile accident that occurred on January 23, 1998. American Deposit Insurance Company filed the lawsuit alleging that a named driver exclusion precluded coverage in this case because the excluded driver, Windy Myles, was the driver of her father's otherwise insured vehicle at the time of the accident. The First City Court of the City of New Orleans granted plaintiff American Deposit's motion for summary judgment based upon the exclusion. The Court of Appeal thereafter reversed and remanded the case for further proceedings, reasoning that a genuine issue of material fact remained as to whether the addition of a new vehicle to a policy after the execution of the named driver exclusion served to create a new policy, one without a named driver exclusion. We granted the writ application of the insurer, American Deposit, to resolve this legal issue in the case before the case is tried.

Facts

On January 23, 1998, Windy Myles was driving a 1991 Toyota Camry automobile with two passengers in the vehicle, Bobbie Myles, her mother, and Courtney Myles, her minor sister. As Windy crossed through an intersection, an oncoming vehicle driven by Joseph Lacaze turned left into her path and a collision took place. Joseph Lacaze was uninsured, but the Myles vehicle was insured by a policy purchased by Ivory Myles, Sr., Windy's father, from American Deposit Insurance Company, the plaintiff herein.

*1284 American Deposit's policy of insurance included uninsured motorist coverage with limits of $10,000 per person and $20,000 per accident. The policy was initially purchased by Ivory Myles, Sr. and it covered only the 1991 Toyota Camry involved in this accident. On April 13, 1993, Ivory Myles, Sr. executed two named driver exclusions precluding coverage for the insured vehicle when either of his children, Windy Myles (age 16) or Ivory Myles, Jr. (age 21), were driving the automobile. The entirety of the exclusion applicable to Windy Myles provides, with all emphasis in the original document:

NAMED DRIVER EXCLUSION
LOUISIANA
In consideration of the premium charged, it is hereby agreed that ALL coverages are not afforded under this policy while any vehicle is being used, driven, operated or manipulated by, or under the care, custody or control of the following person:
Wendy [sic] Myles Full Name of Driver Excluded Policy Number: DLA 2571871 Effective Date: 02/16/93 Named Insured: Ivory Myles, Sr.
This exclusion applies to the named excluded driver and passengers whether or not he or she has received express or implied permission to drive.
This exclusion shall be effective when signed, and forms a part of the policy when issued. This exclusion applies to all REWRITE OR RENEWAL POLICIES unless changed in writing by the insured and the Company. The provisions of this endorsement supersede any contrary provision(s) contained in the policy.
It is further agreed that in the event that the Company shall become legally obligated to pay any sum or sums of money because of loss for which there would be no coverage because of the exclusions contained herein, the insured will reimburse the Company for any and all sums, costs and expenses paid or incurred by the Company.
All other parts of the policy remain unchanged.
The excluded driver listed above consents and agrees to this exclusion and further warrants that he or she is a resident of the named insured's household, whether or not temporarily residing elsewhere.
s/Windy Miles [sic] 4-13-93 -------------------------- ---------- Named Excluded Driver Date The named insured consents and agrees to the terms of this exclusion. s/Ivory Myles 4-13-93 -------------------------- ----------- Named Insured Date Authorized Representative: _________________

As indicated on the exclusion, the policy number when the exclusion was executed was: DLA 2571871. Thereafter, although the exact date is not clear from the record, a 1994 Lincoln Town Car was added to the policy. The declarations page of the policy in effect at the time of the accident indicates a policy number of XXX-XXXXXXX and reflects coverage for both the Toyota Camry and the Lincoln Town Car including the UM coverage described above.

On September 30, 1998, American Deposit filed this declaratory judgment action *1285 in the First City Court of the City of New Orleans against Ivory (Windy's father), Bobbie (Windy's mother), Windy, and Courtney Myles (Windy's sister) seeking a judgment declaring that it owed no coverage for the accident.[1] Following an answer by the Myleses denying the allegations of American Deposit, the latter filed a motion for summary judgment arguing that no coverage for the accident was owed because of the named driver exclusion and the fact that Windy was driving the 1991 Toyota Camry at the time of the accident. Following briefing and oral argument, the city court granted American Deposit's motion for summary judgment and entered judgment accordingly. The Myleses appealed to the Fourth Circuit Court of Appeal.

A three-judge panel of the court of appeal reversed the city court judgment and found a genuine issue of material fact existed as to whether the named driver exclusion signed by Windy was part of the policy in effect on January 23, 1998 in light of the fact that the 1994 Lincoln Town Car had been added in the interim. American Deposit Ins. Co. v. Myles, 99-2659, p. 5 (La.App. 4 Cir. 5/31/00), 764 So.2d 173, 175-76. More specifically, the court found that insurance exclusions must be strictly construed against the insurer in favor of coverage and that the policy at issue did not define the terms "rewrite or renewal policies," a pair of references used in the named driver exclusion signed by Ivory Myles, Sr. Further, the court reasoned that, in the absence of policy language defining those terms, UM policy jurisprudence holding a new policy to be created when a vehicle is added, was persuasive. Accordingly, the city court's granting of American Deposit's motion for summary judgment was reversed, and American Deposit's application for rehearing in the court of appeal was denied. We granted the writ application of American Deposit. American Deposit Ins. Co. v. Myles, 00-2457 (La.11/13/00), 773 So.2d 152. American Deposit has raised a preliminary argument that we address at the outset of this opinion.

Re-argument before the Fourth Circuit

American Deposit argues that it is entitled to re-argument in this case, in which the court of appeal reversed the city court judgment by a 2-1 margin, before a five-judge panel of the court of appeal. In reference to the courts of appeal, the Louisiana Constitution states:

JUDGMENTS. A majority of the judges sitting in a case must concur to render judgment.

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Cite This Page — Counsel Stack

Bluebook (online)
783 So. 2d 1282, 2001 WL 419115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-deposit-ins-co-v-myles-la-2001.