Bryant v. Motwani

683 So. 2d 880, 1996 WL 633260
CourtLouisiana Court of Appeal
DecidedOctober 30, 1996
Docket96-CA-1351
StatusPublished
Cited by18 cases

This text of 683 So. 2d 880 (Bryant v. Motwani) 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
Bryant v. Motwani, 683 So. 2d 880, 1996 WL 633260 (La. Ct. App. 1996).

Opinion

683 So.2d 880 (1996)

Rosalinda BRYANT
v.
Mike MOTWANI a/k/a Kishore V. Motwani and Giani Investment Co.

No. 96-CA-1351.

Court of Appeal of Louisiana, Fourth Circuit.

October 30, 1996.

*881 Philip E. James, Jr., Brian B. Rippel, New Orleans, for Appellants/Third-Party Plaintiffs.

John I. Hulse IV, Gwendolyn S. Hebert, Hulse & Wanek, New Orleans, for Appellee/Scottsdale Insurance Company.

Before BYRNES, LOBRANO and PLOTKIN, JJ.

PLOTKIN, Judge.

Defendants Kishore V. "Mike" Motwani and Giani Investment Co. seeks reversal of a trial court judgment granting a motion for summary judgment in favor of their insurance company, Scottsdale Insurance Co., and dismissing their action against Scottsdale. For the reasons set forth below, we affirm the judgment of the trial court, finding that the policy at issue provides no coverage under the facts of this case, and that the insurer, therefore, has no duty to defend.

Facts and procedural history

Plaintiff Rosalinda Bryant was employed at a small retail outlet in the French Quarter known as "Shell World," which was owned and operated by Giani Investment. In her petition, Ms. Bryant alleges that on the afternoon of March 11, 1991[1], Motwani, without provocation, accused her of theft and verbally abused her with a litany of vile and profane language. As a result of this confrontation, Ms. Bryant claims to have suffered severe and debilitating physical and emotional distress. Thus, she filed both a worker's compensation claim[2] and this tort action, claiming damages for both negligent and intentional infliction of emotional distress.

Giani Investment and Motwani forwarded timely notice of the instant suit to their comprehensive general liability insurer, Scottsdale, which refused to acknowledge coverage or provide a defense. Giani Investment and Motwani then answered Bryant's petition on April 20, 1992. At the same time, they filed a third-party petition against Scottsdale, seeking indemnity for any judgment rendered against them. Scottsdale answered the petition on June 24, 1993, pleading the affirmative defense of lack of coverage for the incidents alleged.

Eventually, Bryant made Scottsdale a direct defendant by filing a supplemental and amending petition on April 13, 1995. Scottsdale, in its answer to this petition, made the following allegations: (1) that the incidents alleged in the petition were specifically excluded from coverage, (2) that Bryant was contributorily and comparatively negligent, *882 and (3) that the claim had prescribed on its face.[3]

Motwani and Giani Investment filed a motion for summary judgment on March 19, 1996, claiming that Scottsdale owed them both coverage and a defense under the insurance policy. On March 26, 1996, Scottsdale supplemented and amended its answer to the third party petition, adding the specific language of the policy exclusions upon which relied in denying coverage. A few days later, on April 1, 1996, Scottsdale filed a motion for summary judgment contending that coverage of the defendants was excluded due to the "bodily injury" provisions of the policy. After hearing the respective motions, the trial court rendered judgment in favor of Scottsdale on April 25, 1996. The court found that the incident claimed by the plaintiff was excluded from coverage under the terms of the policy. Motwani and Giani Investment appealed.

Scottsdale's insurance policy

Scottsdale issued to Motwanes, America, Inc. a Broad Form Comprehensive General Liability Policy which was in effect at the time of the incident. Giani Investment and Motwani were each listed as named insureds under the policy. However, Scottsdale contends, the injuries alleged by the plaintiff in this case are excluded from coverage under the policy for the following reasons: (1) the policy does not cover bodily injury suffered by an employee during the course of his employment, and (2) the policy does not cover bodily injury for which the insured may be held liable as an employer under workmen's compensation, unemployment compensation, or disability benefits.

The declarations page of the policy reveals that the insurer agreed to pay for (A) bodily injury liability and (B) property damage liability, subject to the exclusion in the Amendatory Endorsement, which provides that an employee is not covered for bodily injuries suffered during the course of his employment or for injuries for which the employer may be liable in some other capacity. The Amendatory Endorsement replaced section (j) in the policy exclusion. Also applicable to this case is exclusion (i) which excludes coverage for worker's compensation or similar benefits.[4]

The policy also includes the Broad Form Endorsement, designated as Section IX, which modifies the "Persons Insured" provision. The "Persons Insured" provision denoted as section II reads as follows:

II. PERSONS INSURED

Each of the following is an insured under this insurance to the extent set forth below:
(a) if the named insured is designated in the declarations as an individual, the person so designated but only with respect to the conduct of a business of which he is the sole proprietor, and the spouse of the named insured with respect to the conduct of such a business;

The Broad Form Endorsement added the following language:

IX. ADDITIONAL PERSONS INSURED

As respects bodily injury, property damage, and personal injury and advertising injury coverages, under the provision "Persons Insured", the following are added as insureds:
(B) Employee—Any employee (other than executive officers) of the named insured while acting within the scope of his duties as such, but the insurance to such employee does not apply:
(1) to bodily injury or personal injury to another employee of the named insured arising out of or in the course of his employment;

Coverage

An insurance policy is a contract and should be construed using the general rules of interpretation of contracts set forth in the Louisiana Civil Code. Louisiana Insurance Guaranty Ass'n v. Interstate Fire & *883 Casualty Co., 93-0911 p. 5 (La. 1/14/94/), 630 So.2d 759, 763. Policy provisions which limit the insurer's liability or place restrictions on policy obligations should be enforced unless they conflict with statutes or public policy. Oceanonics, Inc. v. Petroleum Distributing Co., 292 So.2d 190 (La.1974); Cowen v. Mercury Finance Co., 607 So.2d 1067 (La.App. 3d Cir.1992). If the policy wording at issue is clear and expresses the intent of the parties, the agreement must be enforced as written. Albritton v. Fireman's Fund Ins. Co., 224 La. 522, 70 So.2d 111 (La.1953). An insurance policy should not be interpreted in an unreasonable or strained manner so as to enlarge or restrict its provisions beyond what is reasonably contemplated by its terms or so as to achieve an absurd conclusion. Interstate, 93-0911 p. 5, 630 So.2d at 763.

Under the plain language of the policy, no coverage is provided for injuries received during the course of employment. The exclusionary clauses contained in the Scottsdale policy are not unusual, and summary judgments in favor of insurers have been granted in cases involving similar exclusions.

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Cite This Page — Counsel Stack

Bluebook (online)
683 So. 2d 880, 1996 WL 633260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-motwani-lactapp-1996.