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

845 So. 2d 459, 2003 WL 367928
Louisiana Court of Appeal·Decided February 14, 2003·No. 2002 CA 0360·Published·Cited by 12 cases

Opinion

845 So.2d 459 (2003)

Mary BEL, Individually and on Behalf of the Estate of Her Husband, Douglas Bel, Linda B. Mire and Carolyn B. Heard
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Allstate Insurance Company, Regal Insurance Company, Craig Lewis, Individually and dba Craig Lewis State Farm Agency.

No. 2002 CA 0360.

Court of Appeal of Louisiana, First Circuit.

February 14, 2003.
Writ Denied May 30, 2003.

*460 Craig J. Robichaux, Mandeville, Counsel for Plaintiffs/Appellants Mary Bel, Linda B. Mire, and Carolyn Heard.

Adrianne L. Baumgartner, Covington, Counsel for Defendant/Appellee State Farm Mutual Automobile Insurance Company.

Before: FITZSIMMONS, GUIDRY, and PETTIGREW, JJ.

GUIDRY, J.

In this wrongful death and survival action, plaintiffs, Mary Bel, individually and on behalf of the estate of her husband, Douglas Bel, Linda B. Mire, and Carolyn B. Heard, appeal the trial court's granting of defendant's, State Farm Mutual Automobile Insurance Company (State Farm), motion for summary judgment. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

On May 3, 1997, Douglas Bel was involved in a vehicular accident wherein he was fatally injured. On the date of the accident, Douglas Bel, and his wife Mary Bel, had in effect an automobile insurance policy with State Farm. This policy provided for 100/300 limits on liability coverage as well as 100/300 limits on uninsured/underinsured motorist (UM) coverage. Additionally, Douglas and Mary Bel had a *461 Personal Liability Umbrella Policy (PLUP) with a $1,000,000.00 limit on liability coverage. However, prior to the date of the accident, Douglas Bel executed a waiver on April 20, 1993, rejecting UM coverage under the PLUP on all vehicles.

As a result of the aforementioned accident, Mary Bel, individually and on behalf of the estate of her husband, Douglas Bel, Linda B. Mire, and Carolyn B. Heard filed a petition for damages on April 24, 1998, naming State Farm, Douglas and Mary Bel's UM carrier, as a defendant.[1] Thereafter, on March 26, 2001, State Farm filed a motion for summary judgment, arguing that as a matter of law, the UM waiver signed by Douglas Bel precludes UM coverage under the PLUP.

In response, plaintiffs filed a Supplemental and Amending Petition, arguing that La. R.S. 22:1406 is unconstitutional because it violates the Equal Protection Clause, Due Process Clause, and/or other provisions of the Louisiana and United States Constitutions. Following an August 15, 2001 hearing on State Farm's motion for summary judgment, the trial court, in a judgment signed September 24, 2001, granted State Farm's motion, dismissed plaintiffs' claims against State Farm with prejudice, and designated said judgment as final. Additionally, the trial court ordered that State Farm did not provide UM coverage under the PLUP, that the waiver signed by Douglas Bel was valid, and that La. R.S. 22:1406 does not violate the Due Process or Equal Protection clauses of the Louisiana or United States Constitutions.

ASSIGNMENTS OF ERROR

The plaintiffs now appeal from this judgment and assert the following assignments of error:

1. The trial court erred as a matter of law in concluding that the rejection of UM coverage by one named insured is a valid rejection of UM coverage as to all insureds under an automobile policy.
2. The trial court erred in failing to finding [sic] LSA-R.S. 22:1406(D)(1)(a)(i) unconstitutional to the extent that one insured may waive UM coverage purchased by [sic] funds belonging to another insured, and insuring the separate and distinct insurable interests of that insured.

DISCUSSION

Standard of Review

Appellate courts review the granting of a motion for summary judgment de novo, using the same criteria governing the trial court's consideration of whether summary judgment was appropriate. According to La. C.C.P. art. 966, a motion for summary judgment should be granted only if the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits show that there is no genuine issue of material fact and that mover is entitled to judgment as a matter of law. Esteve v. U.S. Agencies Casualty Insurance Co., 01-1009, p. 3 (La.App. 1st Cir.5/10/02), 818 So.2d 998, 1001.

Validity of UM Rejection Executed by One Named Insured

Louisiana Revised Statutes 22:1406(D)(1)(a)(i), which governs the issuance of UM coverage, requires that coverage exist in amounts not less than limits of *462 bodily injury liability provided by the policy. However, that same section, at the time the UM waiver was signed in 1993, also stated in relevant part:

[T]he coverage required under this Subsection shall not be applicable when any insured named in the policy shall reject in writing, as provided herein, the coverage or selects lower limits. In no event shall the policy limits of an uninsured motorist policy be less than the minimum liability limits required under R.S. 32:900. [Emphasis added.]

Despite the clear wording of the above provision, the plaintiffs argue on appeal that the rejection, obtained by State Farm and executed by Douglas Bel only, is not valid as to Mary Bel, the other named insured under the PLUP. In particular, plaintiffs claim that language found in another subpart of La. R.S. 22:1406(D)(1)(a) is inconsistent with the above statutory provision and therefore, an ambiguity exists as to who is required to sign a rejection of UM coverage. At the time the rejection at issue was signed, La. R.S. 22:1406(D)(1)(a)(ii) provided, that "[t]he form [upon which a rejection is made] shall be provided by the insurer and signed by the named insured or his legal representative." (Emphasis added.) Based on this additional language, plaintiffs argue that, when as here, there are multiple named insureds, each insured named in the policy must sign a rejection in order for that rejection to be valid.

However, we find this argument to be without merit. When interpreting a statute, we first examine the language of the statute itself. When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written, and its letter shall not be disregarded in search of the intent of the legislature. Barrilleaux v. NPC, Inc., 98-0728, p. 4 (La.App. 1st Cir.4/1/99), 730 So.2d 1062, 1064, writ denied, 99-1002 (La.5/28/99), 743 So.2d 672. The meaning of a statute is to be interpreted by looking to all the sections taken together so that no section, clause, sentence, or word becomes superfluous or meaningless. Barrilleaux, 98-0728 at 4, 730 So.2d at 1065.

In the instant case, any insured named in the policy may reject UM coverage if it is "in writing, as provided herein." La. R.S. 22:1406(D)(1)(a)(i). This language thereby refers the reader to look to other sections of the statute for requirements of the writing. In the following subsection, (D)(1)(a)(ii), a description of those requirements is found. Among those requirements are that the rejection be on a form designed and provided by the insurer and signed by the named insured or his legal representative. La. R.S. 22:1406(D)(1)(a)(ii). In reading these two sections together, it is clear that "the named insured or his legal representative" merely refers to the person who is "any insured named in the policy" who elects to reject UM coverage in accordance with La. R.S. 22:1406(D)(1)(a)(i).

Free access — add to your briefcase to read the full text and ask questions with AI

Bel v. State Farm Mut. Auto. Ins. Co., 845 So. 2d 459, 2003 WL 367928 (La. Ct. App. 2003).

845 So. 2d 459 (Bel v. State Farm Mut. Auto. Ins. Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Talitha R. Mes v. Qui Van Ngo
Louisiana Court of Appeal, 2021
Villalobos v. USAgencies Casualty Insurance Co.
112 So. 3d 398 (Louisiana Court of Appeal, 2013)
Peña v. Simeon
96 So. 3d 547 (Louisiana Court of Appeal, 2012)
LeBlanc v. Lavergne
86 So. 3d 823 (Louisiana Court of Appeal, 2012)
Stephanie Leblanc, Et Ux. v. Samantha Lavergne
Louisiana Court of Appeal, 2012
Evangelist v. Department of Police
32 So. 3d 815 (Louisiana Court of Appeal, 2010)
Banquer v. Guidroz
5 So. 3d 206 (Louisiana Court of Appeal, 2008)
Ridenour Ex Rel. Ridenour v. Reed
944 So. 2d 584 (Louisiana Court of Appeal, 2006)
Munsch v. Liberty Mutual Insurance Co.
928 So. 2d 608 (Louisiana Court of Appeal, 2006)
Freeman v. National Automotive Insurance Co.
916 So. 2d 279 (Louisiana Court of Appeal, 2005)
Sanders v. Silverthorn
906 So. 2d 518 (Louisiana Court of Appeal, 2005)
Richardson v. Lott
868 So. 2d 64 (Louisiana Court of Appeal, 2003)
Smith v. TERREBONNE PARISH CONSOL. GOV'T.
858 So. 2d 671 (Louisiana Court of Appeal, 2003)