Blackburn v. National Union Fire Ins. Co.

771 So. 2d 175
CourtLouisiana Court of Appeal
DecidedNovember 27, 2000
Docket99-1872, 99-1873
StatusPublished
Cited by3 cases

This text of 771 So. 2d 175 (Blackburn v. National Union Fire 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
Blackburn v. National Union Fire Ins. Co., 771 So. 2d 175 (La. Ct. App. 2000).

Opinion

771 So.2d 175 (2000)

Steve BLACKBURN, et al.
v.
NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH.
Steve and Wendi Royer
v.
Scafco, Ltd., et al.

Nos. 99-1872, 99-1873.

Court of Appeal of Louisiana, Third Circuit.

August 23, 2000.
Writ Granted November 27, 2000.
Writs Denied November 27, 2000.

*177 David O. Walker, Neblett, Beard & Arsenault, Alexandria, Louisiana, Counsel for Plaintiffs/Appellees.

Michael J. McNulty, III, Plauche, Smith, & Nieset, Lake Charles, Louisiana, Counsel for Defendant/Appellee, State Farm Mutual Automobile Ins. Company.

Thomas E. Balhoff, Judith R. Atkinson, Roedel, Parsons, Koch, Frost, Balhoff & McCollister, Baton Rouge, Louisiana, Counsel for Defendant/Appellant National Union Fire Insurance Company of Pittsburgh, Pennsylvania.

Court composed of Judge OSWALD A. DECUIR, Judge MICHAEL G. SULLIVAN, Judge GLENN B. GREMILLION.

GREMILLION, Judge.

This appeal arises out of a rear-end collision involving a truck leased by Scafco Limited and insured by National Union Fire Insurance Company of Pittsburgh under an insurance policy issued to Scafco's parent company, Turner Industries. At issue in this appeal is whether the trial court correctly granted a summary judgment in favor of the plaintiffs, Steve and Marissa Blackburn and Steve and Wendi Royer, setting the policy limits of the National Union insurance policy at $1,000,000. For the following, reasons we affirm in part and reverse in part.

FACTS AND PROCEDURE

At approximately 1:40 a.m. on Christmas morning 1997, Charles Rials Jr. left a party in a truck owned by Wheels Incorporated, leased to his employer, Scafco, and insured under a policy issued to Turner. The truck had been entrusted to him the day before by his supervisor, Steve Clark. The Blackburns and their guest passengers, the Royers, were attending the same party and left the party just before Rials. The Blackburn vehicle was stopped at an intersection when it was rear-ended by the truck Rials was driving.

As a "perk," Scafco permanently assigned company vehicles to its supervisors for use in driving to and from work. Clark, however, was a temporary Scafco supervisor. His access to the Scafco truck fluctuated with the amount of business Scafco acquired. When Scafco was busy and needed an additional supervisor, Clark was elevated from foreman to supervisor and temporarily granted permission to use a Scafco vehicle by Scafco manager, Jackie Stone. When business slowed, Clark would return the truck to Stone and resume his position as foreman. When Clark was performing the duties of a supervisor, he was not permanently assigned a truck as were the other Scafco supervisors; however, he was allowed to use a "yard truck." A yard truck is a truck that is assigned to each plant cite and is available *178 for use by Scafco employees for such tasks as running errands at the plant site, picking up equipment and materials, and transporting workers.

In December 1997, Clark was functioning as a supervisor and was allowed use of the yard truck. Rials was involved in an alcohol-related accident one to two months before the accident at issue and relied on Clark for transportation to work. Rials was scheduled to work Christmas Day and Clark had taken that day off, so Rials accompanied Clark home after work on Christmas Eve and drove the truck home so he could drive it to work the next day. Additionally, the truck would be available for work-related activities in its regular capacity as a yard truck.

On that evening, Rials used the Scafco vehicle to drive to the Iron Horse Pub in DeQuincy, where he drank beer from approximately 8:00 to 10:30 p.m. He then drove to a Christmas Eve party at the home of Clark's uncle. Rials arrived at the party at approximately 10:45 p.m. and continued drinking until he left at approximately 1:30 a.m., shortly after the Blackburns and Royers. Clark arrived at the party at approximately midnight and was still there at the time of the accident. While at the party, Clark and Rials spoke, but the topic of how Rials got to the party was not discussed.

Approximately ten minutes after Rials left the party, Clark was notified by an acquaintance that Rials had been involved in an accident in the Scafco truck. Clark immediately went to the scene where he found Rials intoxicated. Rials was charged with, and subsequently pled guilty to, driving while intoxicated and reckless operation of a motor vehicle. The following week Rials' employment was terminated because of his involvement in the accident.

The Blackburns and Royers filed suit against Wheels Incorporated, Scafco, Rials, and National Union for personal injury. The cases were ultimately consolidated. The National Union insurance policy which covered the Scafco vehicle contained two allegedly conflicting provisos. Endorsement # 005 purported to limit the policy to the statutory minimum required by state law in instances when an accident occurred while an employee was acting outside the course and scope of his employment or without the permission of his employer. Endorsement MCS-90 limited provisions found elsewhere in the policy for certain types of motor carriers, making the insurer liable for up to $1,000,000 in damages as a result of an accident.

National Union filed a motion for summary judgment asserting that under Endorsement # 005, the limits of liability coverage for Rials' accident were limited to $10,000 per person or $20,000 per accident. The Blackburns, the Royers, Rials, and State Farm opposed National Union's motion and filed a cross-motion contending that the National Union policy limits for the accident were $1,000,000 regardless of whether Rials was operating the vehicle outside of the course and scope of his employment.

Scafco and National Union moved for dismissal, asserting that Rials was acting outside the course and scope of his employment at the time of the accident and, therefore, Scafco was not vicariously liable for Rials' actions. The trial court granted the Cross-Motion for Summary Judgment finding that the National Union policy provided limits of $1,000,000 pursuant to the MCS-90 Endorsement. In granting the Blackburns and the Royers' motion, the trial court specifically held that "the policy of insurance issued by National Union... provides insurance coverage with policy limits of $1,000,000.00 for claims sued on in these consolidated matters." The trial court further found that Rials was not acting within the course and scope of his employment with Scafco at the time of the accident and, as such, dismissed all claims against Scafco premised on vicarious liability. However, the trial court reserved all rights of the Blackburns and the *179 Royers to pursue claims against Scafco under any other theory of liability.

In its oral reasons, the trial court stated that there was no material issue of fact regarding the following points: 1) Rials was not in the course or scope of his employment; 2) there was a policy providing $1,000,000 of coverage to Turner and that it included Scafco; 3) the MCS-90 Motor Carrier Endorsement included Scafco "as it was not identified not to include Scafco"; 4) there was a conflict in the MCS-90 endorsement and Endorsement # 005; and 5) a provision in Endorsement # 005 allowed Scafco to give permission to use company vehicles "separate and apart from the course and scope issues."

Pursuant to the foregoing conclusions, the trial court determined that Endorsement # 005 allowed an employee with permission to use a company vehicle outside the course and scope of employment.

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Bluebook (online)
771 So. 2d 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackburn-v-national-union-fire-ins-co-lactapp-2000.