Boudreaux v. Siarc, Inc.

714 So. 2d 49, 1998 WL 207928
CourtLouisiana Court of Appeal
DecidedApril 15, 1998
Docket97-CA-1067
StatusPublished
Cited by6 cases

This text of 714 So. 2d 49 (Boudreaux v. Siarc, Inc.) 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
Boudreaux v. Siarc, Inc., 714 So. 2d 49, 1998 WL 207928 (La. Ct. App. 1998).

Opinion

714 So.2d 49 (1998)

James R. BOUDREAUX, et al.
v.
SIARC, INC. d/b/a Marie's Magic Mart Number 4, General Star Indemnity Company and The Travelers Insurance Company.

No. 97-CA-1067.

Court of Appeal of Louisiana, Fifth Circuit.

April 15, 1998.
Rehearing Denied May 15, 1998.

Steven B. Witman, Law Office of Steven B. Witman, Metairie, for Defendant/Appellant Siarc, Inc. d/b/a Marie's Magic Mart Number 4.

Raymond J. Pajares, David J. Schexnaydre, Metairie, for Defendant/Appellee General Star Indemnity Company.

*50 W. Luther Wilson, Taylor, Porter, Brooks & Phillips, Baton Rouge, for Defendant/Appellee The Travelers Insurance Company.

Before BOWES, WICKER and CANNELLA, JJ.

WICKER, Judge.

This is a lawsuit by parents of a minor killed in an automobile accident. The decedent, Brett Boudreaux, was a guest passenger in a car driven by another minor, Ryan Ordeneaux. Both boys purchased alcoholic beverages from Marie's Magic Mart Number 4, a convenience store owned by Siarc, Inc. An automobile accident ensued, in which Boudreaux was killed. Boudreaux's parents filed suit against Siarc and its insurers, alleging negligence in the sale of intoxicating beverages to the minors.

The insurers, Travelers Insurance Company and General Star Indemnity Company, denied coverage on the basis of liquor liability exclusions in the policies. Siarc filed a third-party demand against the insurers and the insurers moved for summary judgment on the basis of the policy exclusions. The trial court granted summary judgment.

Siarc, Inc. has appealed the dismissal of its third-party demand. Although the issues on the main demand by plaintiff have been compromised, Siarc seeks to recover costs of its defense from its insurers.[1]

On appeal Siarc contends the trial court erred in granting summary judgment for the following reasons:

I. The District Court erred in granting the motions for summary judgment in favor of General Star Indemnity Company and The Travelers Insurance Company.
A. There are genuine issues of material fact.
B. General Star and Travelers owe a defense to Siarc under the policies and of insurance and pursuant to jurisprudence of this State and are liable for all attorney fees and defense costs incurred by Siarc; and
C. As a matter of law, the insurance policies of General Star and Travelers provide coverage to Siarc, Inc. for the plaintiffs' claims.
II. The liquor liability exclusions in the General Star and Travelers policies are ambiguous and against public policy.
III. Coverage exists under the General Star policy because the liquor liability exclusion was not properly countersigned.
IV. The General Star liquor liability exclusion is ambiguous.

State law protects merchants from liability for selling alcohol to persons over the legal age to purchase it. La. R.S. 9:2800.1 provides for limitation of liability for loss connected with sale, serving, or furnishing of alcoholic beverages to a person over the age for the lawful purchase thereof. The legislative intent is to make clear that "the consumption of intoxicating beverages, rather than the sale or serving or furnishing of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or upon another person." La. R.S. 9:2800.1(A).

That law does not protect persons selling alcohol to minors, however. See Hopkins v. Sovereign Fire & Cas. Ins. Co., 626 So.2d 880 (La.App. 3 Cir.1993), writ denied 93-2958 (La.3/11/94), 634 So.2d 402, and 94-0154 (La.3/11/94), 634 So.2d 390.

POLICY PROVISIONS

Travelers issued a comprehensive general liability policy to Siarc and General Star issued Siarc a commercial umbrella policy. The Travelers policy provides as follows under Commercial General Liability:

2. Exclusions.
This Insurance does not apply to:
* * * * * *
*51 c. "Bodily injury" or "property damage" for which any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of any person;
(2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or
(3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.
This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages.

Travelers Businessowners Coverage Policy, No. I-680-240J335-2-IND-92.

The General Star policy provides as follows, in a separate section called "Liquor Exclusion":

This policy does not apply to the Insured or the Insured's indemnitee who may be held liable by reason of:
4) causing or contributing to the intoxication of any person;
5) the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or
6) any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.
This exclusion applies only if the Insured:
1) manufactures, sells or distributes alcoholic beverages;
2) serves or furnishes alcoholic beverages for a charge whether or not such activity requires a license or is for the purpose of financial gain or livelihood; or
3) serves or furnishes alcoholic beverages without a charge, if a license is required for such activity.

General Star Indemnity Company Commercial Umbrella Policy, No. IUG-060573D.

A summary judgment which determines a lack of coverage under an insurance policy may not be rendered unless there is no reasonable interpretation of the policy, when applied to the undisputed material facts shown by the evidence supporting the motion, under which coverage could be afforded. Reynolds v. Select Properties, Ltd., 93-1480 (La.4/11/94), 634 So.2d 1180,1183.

Issues of Material Fact Beyond Liquor Liability

Plaintiffs' original petition alleged that on or about January 8, 1993, Ryan Ordeneaux, a minor under the age of eighteen, purchased intoxicating liquor and/or alcohol from Marie's Magic Mart Number 4 in Gramercy, Louisiana; that employees of Marie's Magic Mart Number 4 "sold the intoxicating liquor to the minor child, in violation of applicable laws, without checking identification, or otherwise following the procedures reasonably expected under the circumstances"; and as a result Ryan Ordeneaux became intoxicated and wrecked his car, killing his guest passenger, Brett Boudreaux. The petition alleged further that Marie's Magic Mart Number 4 is owned by Siarc, Inc. and that Siarc is liable under respondent superior for plaintiff's damages.

In the second amended and supplemental petition plaintiffs alleged that Siarc, Inc.

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

Related

WH Holdings, L.L.C. v. ACE American Insurance
574 F. App'x 383 (Fifth Circuit, 2014)
Reaux v. Moresi
120 So. 3d 959 (Louisiana Court of Appeal, 2013)
Piligra v. America's Best Value Inn
49 So. 3d 479 (Louisiana Court of Appeal, 2010)
Ryder v. Darby
11 So. 3d 745 (Louisiana Court of Appeal, 2009)
Jincy Lynn Ryder v. Dane Darby
Louisiana Court of Appeal, 2009
Colony Insurance v. Events Plus, Inc.
585 F. Supp. 2d 1148 (D. Arizona, 2008)
Capitol Indemnity Corp. v. Blazer
51 F. Supp. 2d 1080 (D. Nevada, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
714 So. 2d 49, 1998 WL 207928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boudreaux-v-siarc-inc-lactapp-1998.