Breaux v. Louisiana Farm Bureau Mut. Ins. Co.

413 So. 2d 988, 1982 La. App. LEXIS 7254
CourtLouisiana Court of Appeal
DecidedApril 18, 1982
Docket14695
StatusPublished
Cited by18 cases

This text of 413 So. 2d 988 (Breaux v. Louisiana Farm Bureau Mut. 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
Breaux v. Louisiana Farm Bureau Mut. Ins. Co., 413 So. 2d 988, 1982 La. App. LEXIS 7254 (La. Ct. App. 1982).

Opinion

413 So.2d 988 (1982)

Danny J. BREAUX
v.
LOUISIANA FARM BUREAU MUTUAL INSURANCE COMPANY.

No. 14695.

Court of Appeal of Louisiana, First Circuit.

April 18, 1982.
Rehearing Denied May 25, 1982.

*989 Joel Hanberry, Cut Off, for plaintiff-appellant Danny J. Breaux.

Ralph R. Alexis, III, New Orleans, for defendant-appellee Louisiana Farm Bureau Mut. Ins. Co.

Before COVINGTON, COLE and WATKINS, JJ.

COLE, Judge.

The main issue presented here is whether or not plaintiff can "stack" the uninsured motorist coverage provided by different insurance companies.

The facts are not disputed. Plaintiff Danny Breaux is the owner of a Suzuki motorcycle and a 1977 Pontiac Grand Prix automobile. The motorcycle was insured by Home Indemnity Company (Home) with liability and uninsured motorist (UM) limits of $10,000. The automobile was insured by Louisiana Farm Bureau Mutual Insurance Company (Farm Bureau) with medical payment limits of $5,000 per person and UM coverage of $50,000 per person. Breaux was injured on June 7, 1979, when he was riding the motorcycle and collided with an automobile. The individual driving the automobile was insured by State Farm Mutual Automobile Insurance Company (State Farm) with a policy providing $10,000 liability coverage. Breaux settled with State Farm and Home (under the UM provisions) for the policy limits of each. He then sought to recover from Farm Bureau for the medical payment and UM limits. Farm Bureau resisted payment and plaintiff filed suit.

Farm Bureau filed a motion for summary judgment alleging under La.R.S. 22:1406D(1)(c)[1] Breaux was not allowed to stack his UM coverages and a policy exclusion prevented him from recovering under *990 the medical payment section. The trial court agreed and granted the summary judgment in favor of Farm Bureau and against Breaux. Breaux then filed this appeal. We affirm.

There are four matters to be determined in deciding whether or not appellant is entitled to a trial on the merits. First, is the Farm Bureau policy, issued originally prior to the effective date of the Act, subject to the stacking prohibition in the Act? Second, if the Act is applicable, does it prevent stacking where the policies are issued by different insurance companies? Third, even if plaintiff cannot stack the coverages, may he choose to make a claim under the policy with the higher limits? Fourth, does the policy in question exclude medical payment coverage to a blameless insured who is injured when struck by an automobile if at such time he is driving an owned vehicle not described in the policy?

Appellant argues because his policy was issued originally on May 30, 1977, and the Act did not become effective until September 9, 1977, it is not affected by the Act. We reject this argument.

The evidence shows the policy period was defined as follows:

"POLICY PERIOD: The term of the policy shall be from the effective date 05/30/77 to 07/13/77 ... and for such terms of 6 calendar months each thereafter as the required renewal premium is paid by the Insured on or before the expiration of the current term."

There is no question that plaintiff continued to pay his premiums so that the policy was renewed up to and beyond the time of the accident on June 7, 1979. He contends the renewal merely extended the life of the original policy and that the terms of the original policy cannot be varied by legislative act.

This issue was present in Courville v. State Farm Mut. Auto. Ins. Co., 393 So.2d 703 (La.1981). In Courville, a plaintiff was attempting to recover under the UM provisions of two State Farm policies. The initial issue was whether or not the policies were covered by the Act in that both policies were issued originally prior to the effective date of the Act and both had been renewed after the effective date. The Supreme Court held the initial right to insurance was established for a six month period only and each subsequent renewal was a separate contract. Since the policies were renewed after the effective date of the Act the court ruled the Act applied to the policies in effect at the time of the accident. Therefore, we too conclude the anti-stacking statute applies to the Farm Bureau policy in the present case.

Plaintiff attempts to distinguish Courville, as regards the applicability of the Act, upon the basis that he had an absolute right to continue his insurance in effect for successive periods of six months, whereas in Courville this was not the case. We do not have the Courville policies before us but, in any event, the insurer in this case clearly had the right not to renew the coverage. This is provided not only by the policy language but by La.R.S. 22:636.1. The policy language (pp. 21-22 of the policy, dealing with cancellation and renewal) provides: "... nothing herein shall obligate the Company to renew or continue this policy beyond the expiration of any annual period commencing with its original effective date...." Further, the policy provides: "If this policy is written for a policy period of less than one year, the Company agrees that it will not refuse to renew except as of the expiration of a policy period which coincides with the end of an annual period commencing with its original effective date." The policy language obviously tracks the right granted by La.R.S. 22:636.1. Thus, it is clear plaintiff in this case was not given an absolute right to continue his insurance in effect beyond the initial six months and for successive periods of six months each, thereby maintaining a continuous policy which existed prior to the Act. Courville, in this respect, cannot be distinguished. The Act applies to the Farm Bureau policy.

The second issue is whether or not the Act prohibits plaintiff from stacking UM coverage provided by two different insurance companies.

*991 The Act, as amended in 1977, states clearly stacking is prohibited, subject to a limited exception (which does not concern us here) when the insured is injured while occupying a nonowned vehicle. The pertinent parts of the text read as follows:

"D. The following provisions shall govern the issuance of uninsured motorist coverage in this state."
* * * * * *
"(1)(c) If the insured has any limits of uninsured motorist coverage in a policy of automobile liability insurance, in accordance with the terms of Subsection D(1), then such limits of liability shall not be increased because of multiple motor vehicles covered under said policy of insurance and such limits of uninsured motorist coverage shall not be increased when the insured has insurance available to him under more than one uninsured motorist coverage provision or policy; provided, however, that with respect to other insurance available, the policy of insurance or endorsement shall provide the following:
"With respect to bodily injury to an injured party while occupying an automobile not owned by said injured party, the following priorities of recovery under uninsured motorist coverage shall apply:
"(i) The uninsured motorist coverage on the vehicle in which the injured party was an occupant is primary;
"(ii) Should that primary uninsured motorist coverage be exhausted due to the extent of damages, then the injured occupant may recover as excess from other uninsured motorist coverage available to him.

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

Related

Hickey v. Kendall
683 A.2d 789 (Court of Special Appeals of Maryland, 1996)
Fay v. Willis
577 So. 2d 1147 (Louisiana Court of Appeal, 1991)
Debarbieris v. Brown
545 So. 2d 975 (Supreme Court of Louisiana, 1989)
Vincent v. State Farm Mut. Auto Ins. Co.
526 So. 2d 818 (Louisiana Court of Appeal, 1988)
Wyatt v. Robin
518 So. 2d 494 (Supreme Court of Louisiana, 1988)
Pardue v. Dean
515 So. 2d 543 (Louisiana Court of Appeal, 1987)
State Farm Mutual Automobile Insurance v. Janssen
742 P.2d 1372 (Court of Appeals of Arizona, 1987)
Wyatt v. Robin
509 So. 2d 746 (Louisiana Court of Appeal, 1987)
Szwedt v. State Farm Mut. Auto. Ins. Co.
479 So. 2d 453 (Louisiana Court of Appeal, 1985)
Antill v. Bankers & Shippers Ins. Co. of New York
466 So. 2d 555 (Louisiana Court of Appeal, 1985)
Rogers v. Ambassador Ins. Co.
452 So. 2d 261 (Louisiana Court of Appeal, 1984)
Hampton v. Thomas
433 So. 2d 884 (Louisiana Court of Appeal, 1983)
Clement v. Continental Ins. Co.
430 So. 2d 1212 (Louisiana Court of Appeal, 1983)
Jones v. Allstate Ins. Co.
429 So. 2d 241 (Louisiana Court of Appeal, 1983)
Cole v. State Farm Mut. Auto. Ins. Co.
427 So. 2d 522 (Louisiana Court of Appeal, 1983)
Manghillis v. Allstate Insurance
25 Pa. D. & C.3d 275 (Luzerne County Court of Common Pleas, 1983)
Breaux v. Louisiana Farm Bureau Mutual Insurance Co.
420 So. 2d 453 (Supreme Court of Louisiana, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
413 So. 2d 988, 1982 La. App. LEXIS 7254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/breaux-v-louisiana-farm-bureau-mut-ins-co-lactapp-1982.