Andrews v. COLUMBIA CAS. INS. CO.

960 So. 2d 134, 2007 WL 859139
CourtLouisiana Court of Appeal
DecidedMarch 23, 2007
Docket2006 CA 0896
StatusPublished
Cited by1 cases

This text of 960 So. 2d 134 (Andrews v. COLUMBIA CAS. 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
Andrews v. COLUMBIA CAS. INS. CO., 960 So. 2d 134, 2007 WL 859139 (La. Ct. App. 2007).

Opinion

960 So.2d 134 (2007)

Arthur ANDREWS
v.
COLUMBIA CASUALTY INSURANCE COMPANY and Progressive Security Insurance Company.

No. 2006 CA 0896.

Court of Appeal of Louisiana, First Circuit.

March 23, 2007.

*136 Timothy K. Lamy, Barker, Boudreaux, Lamy & Foley, New Orleans, for Plaintiff-Appellant Arthur Andrews.

Richard E. King, Peter A. Bourgeois, Stephen J. Moore, Galloway, Johnson, Tompkins, Burr & Smith, New Orleans, for Defendant-Appellee Columbia Casualty Co.

Before: PARRO, GUIDRY, and McCLENDON, JJ.

PARRO, J.

Arthur Andrews appeals a judgment denying his motion for summary judgment, granting a motion for summary judgment in favor of Columbia Casualty Company (Columbia), and dismissing his claims against it on the grounds that the driver of a vehicle involved in an accident with him was excluded from coverage under the terms of the Columbia policy. Based on our de novo review of the evidence submitted by both parties in connection with the motions, we reverse the judgment, render, and remand this matter for consideration of the merits.

BACKGROUND

On November 16, 2003, Jacqueline Gaspard was driving a car owned by Southland Automotive Leasing, L.L.C. (the Leasing Company) when she lost control of the car, crossed the center line, and collided head-on with a car being driven by Andrews. Gaspard died as a result of the accident, and Andrews was seriously injured.

Gaspard was using the car as a "loaner" while her personal auto was being repaired by Southland Dodge Chrysler, Inc. (Southland). The Leasing Company provided loaner vehicles to clients of Southland, all vehicles used by Southland for that purpose were owned by the Leasing Company, and the rental fees for such vehicles were paid to the Leasing Company by Southland, not by the users of the vehicles. The Leasing Company had no employees. Southland made all the arrangements with its service clients when a loaner vehicle was needed, and its employees handled the execution of temporary substitute vehicle *137 agreements for the loaner vehicles assigned to its service clients.

The Columbia policy insured both Southland and the Leasing Company under a policy issued to Southland Automotive Group, Inc. (the Group). The declarations page of the policy showed only the Group as the named insured and "Franchised Auto Dealer" as its business description.[1] The Leasing Company and Southland were among nine additional business entities shown as named insureds on an endorsement that did not describe the nature of the business for any of those companies. The vehicle being used by Gaspard was a covered vehicle under the policy. The policy contained language stating that an insured included anyone who, with the named insured's permission, was using a covered auto that the named insured owned, hired, or borrowed, except "[y]our customers, if your business is shown in the Declarations as an `auto' dealership."[2]

Andrews filed suit against Columbia and Progressive Security Insurance Company, which insured Gaspard under a policy providing the minimum liability coverage required by Louisiana law. Andrews and Columbia filed cross motions for summary judgment on the coverage issue under Columbia's policy. After a hearing on November 19, 2004, the trial court concluded that the insurance parties had intended to identify the Leasing Company as an "auto dealership" in the Columbia policy, but that genuine issues of material fact remained concerning whether Gaspard was a "customer" of the Leasing Company. Therefore, both motions were denied, with the court instructing the parties to refile their motions after additional discovery. This was done, and after a second hearing on August 19, 2005, the court concluded that Gaspard was a "customer" of the Leasing Company and for that reason, was excluded from coverage under the Columbia policy. Andrews appeals the judgment signed September 29, 2005, which denied his motion for summary judgment, granted Columbia's motion, and dismissed all of his claims against Columbia.

Andrews contends that Gaspard was an omnibus insured under the policy and that coverage was not excluded by the referenced policy language, because the language describing who was an insured had to be considered with reference to the Leasing Company, which owned the car she was driving. Since the Leasing Company was not shown on the declarations page as an auto dealership, the exception did not apply to Gaspard. Moreover, although Gaspard was a customer of Southland, it also was not shown on the declarations page as an "auto dealership." Andrews also argues that Gaspard was not a customer of the Leasing Company, since she did not pay for the use of the vehicle and did not communicate with the Leasing Company in any way when she signed the temporary substitute vehicle agreement presented to her by Southland. Nor was Gaspard a customer of the Group, which is the only entity described *138 on the declarations page as an "auto dealership." In the alternative, Andrews contends that because the Columbia policy is capable of more than one reasonable interpretation, it is ambiguous and should be interpreted against the insurer and in favor of coverage.

Columbia argues that the language in the exclusion is clear and should be applied to all of the named insureds under the policy, including Southland and the Leasing Company, both of which were named insureds on the endorsement. Columbia reasons that the wording on the first page of the declarations describing the one named insured as a "Franchised Auto Dealer" should be applied to all the other named insureds who are listed on the endorsement, since that endorsement was intended to amend and add to the statement on the policy declaration that identifies the named insured, just as if all had been listed on the declarations page itself. Columbia claims that although the nine additional named insureds are all separate and distinct legal entities, they together make up the Group and together function as an auto dealership. Columbia maintains that the car was a covered auto under the policy, Southland hired it from the Leasing Company for use as a loaner by Southland's customers, and Gaspard was a customer of both entities. Therefore, Columbia contends the court was correct in finding that the exception was applicable in this case and coverage was precluded, citing cases in which similar exceptions have been upheld. See Savana v. Certain Interested Underwriters at Lloyd's London, 01-2450 (La.App. 1st Cir.7/2/02), 825 So.2d 1242; Gambino v. Lamulle, 97-2798 (La.App. 4th Cir.6/10/98), 715 So.2d 574; and Baker v. Kenney, 99-2950 (La.App. 4th Cir.5/3/00), 767 So.2d 711, writ denied, 00-2153 (La.10/13/00), 771 So.2d 650.

APPLICABLE LAW

Summary Judgment

An appellate court reviews a district court's decision to grant a motion for summary judgment de novo, using the same criteria that govern the district court's consideration of whether summary judgment is appropriate. Smith v. Our Lady of the Lake Hosp., Inc., 93-2512 (La.7/5/94), 639 So.2d 730, 750. Summary judgment shall be rendered if there is no genuine issue as to material fact and the mover is entitled to judgment as a matter of law. LSA-C.C.P. art. 966(B). A summary judgment may be rendered on the issue of insurance coverage alone, although there is a genuine issue as to liability or damages. See LSA-C.C.P. art. 966(E); Bilbo for Basnaw v. Shelter Ins. Co., 96-1476 (La.App. 1st Cir.7/30/97), 698 So.2d 691, 694, writ denied, 97-2198 (La.11/21/97), 703 So.2d 1312.

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Bluebook (online)
960 So. 2d 134, 2007 WL 859139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-v-columbia-cas-ins-co-lactapp-2007.