Brooks v. Crosby

629 So. 2d 521, 1993 La. App. LEXIS 3987, 1993 WL 514846
CourtLouisiana Court of Appeal
DecidedDecember 15, 1993
DocketNo. 93-CA-418
StatusPublished

This text of 629 So. 2d 521 (Brooks v. Crosby) 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
Brooks v. Crosby, 629 So. 2d 521, 1993 La. App. LEXIS 3987, 1993 WL 514846 (La. Ct. App. 1993).

Opinion

THOMAS F. DALEY, Judge Pro Tem.

This appeal arises from a petition filed on behalf of plaintiffs/appellees, Janice Brooks and DeWitt Lewis, against defendants/appellants, Milton D. Crosby, Sr. and his insurer Allstate Insurance Company for alleged damages caused by a fire of the leased premises. The plaintiffs have asserted the following theories of recovery: (1) negligence; (2) strict liability; (3) failure to warn of a defective and unreasonably dangerous condition; (4) Crosby’s conversion of the plaintiffs’ property, and (5) res ipsa loquitur.

Lewis and Brooks filed a motion for summary judgment on the issue of insurance coverage. They contend that they are insured under the Allstate policy issued to Crosby. They seek compensation as insureds for their property loss from the fire. The trial judge granted the motion for summary judgment. He did not award damages. Crosby and Allstate have appealed the judgment. We reverse the trial court’s granting of summary judgment.

In the instant case we find there is no factual dispute; the sole issue is the interpretation and application of Allstate’s insurance policy.

Crosby leased the premises located at 1410 Hancock Street to Brooks and Lewis. A fire destroyed the premises and all of Brooks’ and Lewis’ property which was contained therein. Allstate had issued a homeowner’s policy to Crosby. Brooks and Lewis filed a motion for summary judgment asserting they were insureds under the policy issued to Crosby. They seek coverage for their loss.

In support of their motion they attached a certified copy of the Allstate policy. Appel-lees contend that various provisions in the policy provided them with coverage. They argued in their memorandum in support of the motion:

The Lewis’s ... submit that the [sic] since property at 1410 Hancock St. is a named [sic] as insured under the policy they are provided with coverage as insureds subject to the terms and benefits of the Fire Policy Provisions including the payment for loss to the' extent of the actual cash value of the property at the time of loss.

They also argued that their contents were directly covered under the policy. Allstate and Crosby filed a memorandum in opposition attaching the policy. Appellants considered it a “fallacious conclusion” that “insured premises” was equivalent to “insured person”. We agree.

Neither Crosby nor Allstate dispute there is liability coverage under the policy. However, Brooks and Lewis seek a first party claim for damages when there has been no assignment of the Allstate policy acquired by Crosby to Brooks and/or Lewis.

The appellants have raised the following issues on appeal: (1) whether the trial judge erred in concluding the tenants were insureds under a homeowner’s policy issued to their landlord, and (2) whether the tenants have alleged or can allege a first party claim against Allstate. The second assignment of error will be addressed first.,

Appellants argue in brief that Brooks and Lewis did not specifically allege a first [523]*523party claim against Allstate. We conclude they have alleged facts necessary for such relief. Brooks and Lewis have alleged that the Allstate policy covers the leased premises and seek inter alia recovery for their property loss from a fire. The policy provisions relied upon by Brooks and Lewis do protect the dwelling which they were renting.

La.C.Civ.P. art. 862 provides:
... a final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings and the latter contain no prayer for general and equitable relief.

In appellees’ petition they request relief, “for all damages resulting from the fire” as well as “all general and equitable relief.” Appellees have alleged sufficient facts to assert a first party claim for damages therefore appellants second assignment of error is dismissed.

The first assignment of error questions whether there are material issues of fact regarding the tenants being considered as insureds under a homeowner’s policy as to afford them personal property protection. In order to be afforded coverage appellees attempt to stretch premises coverage to include them directly as insureds. We disagree with the trial court’s application of the policy.

The definition of “insured” is clear in the policy at page 3. “Insured person” is defined as follows:

3. “Insured person” — means you and, if a resident of your household:
a) any relative; and
b) any dependent person in your care.

Under the “Family Liability Protection” coverage and the “Guest Medical Protection” coverages in the policy, “Insured person” also means:

c) any person or organization legally responsible for loss caused by animals or watercraft covered by this policy which are owned by an insured person. We do not cover any person or organization using or having custody of animals or watercraft in any business, or without permission of the owner.
d)with respect to the use of any vehicle covered by this policy, any person while engaged in the employment of an insured person.

The policy itself defines the term “you” as “the person named on the declarations page as the insured and that person’s resident spouse.” An “insured person” is defined to include the definition of “you” and any relative or dependent person if a resident of “your” household. Under the clear wording of the policy, the insured can only be a person named on the declarations page as the insured, a resident spouse, relative or dependent. The wording of the policy cannot reasonably be extended to cover as an “Insured” a tenant living in an insured premise.

Clearly, these tenants are not named “insured persons” under this section.

The policy in question contains in Section I the following language:

Property We Cover:
1. Personal property owned or used by an insured person anywhere in the world. When personal property is usually at a residence, which is not a residence premises, coverage is limited to 10% of the Personal Property Protection coverage.
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2. At your option, personal property owned by a guest or residence employee while the property is in a residence you occupy.
Property We Do Not Cover:
5. Property of roomers, boarders or tenants not related to an insured person.

From these provisions it is clear the tenants’ property is excluded from a first party claim. This exclusion is also clear from the “Additional Protection” section of the policy which states at section 3:

3. Damage To Property of Others At your request we will pay up to $500 each time an insured person causes property damage to someone else’s property....
We will not pay for property damage:
[524]*524a) to property covered under Section I of this policy;

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Cite This Page — Counsel Stack

Bluebook (online)
629 So. 2d 521, 1993 La. App. LEXIS 3987, 1993 WL 514846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-crosby-lactapp-1993.