Butler v. Allen

808 So. 2d 746, 2001 WL 1149988
Louisiana Court of Appeal·Decided September 28, 2001·No. 2000 CA 1726·Published·Cited by 9 cases

Opinion

808 So.2d 746 (2001)

Edith BUTLER
v.
Jacquelyn D. ALLEN and USAgencies Casualty Insurance Company, Inc.

No. 2000 CA 1726.

Court of Appeal of Louisiana, First Circuit.

September 28, 2001.
Writ Denied February 1, 2002.

*747 Johnnie L. Matthews, Baton Rouge, for Plaintiff-Appellee Edith Butler.

Michael L. Hyman, Baton Rouge, for Defendant-Appellant USAgencies Casualty Insurance Co., Inc.

Before: CARTER, C.J., PARRO, and CLAIBORNE,[1] JJ.

CARTER, Chief Judge.

This appeal presents a single issue of first impression for our review: Can an injured party recover medical expenses under "economic-only" (EO) underinsured/uninsured motorist (UM) insurance if the underlying liability insurance coverage is sufficient to cover her economic damages but insufficient to cover the total damages she sustained? For the following reasons we conclude that the injured party can recover under the facts of this case.

The petition alleges that on April 27, 1999, Edith Butler (plaintiff) was riding as a guest passenger in a car owned and driven by Charles Powell when she was injured in a rear-end collision caused by Jacquelyn D. Allen (defendant). Plaintiff brought suit for damages against defendant and her liability insurer, USAgencies Casualty Insurance Company, Inc. (USAgencies). She also sued USAgencies in its capacity as UM insurer for the vehicle in which she was a guest passenger.

Powell selected EO UM coverage with $10,000 limits. The pertinent part of the form signed by the insured provided: "I select Economic-Only UMBI Coverage which will compensate me only for my economic losses with the same limits as my Bodily Injury Liability Coverage." "UMBI" is defined on the form as uninsured/underinsured motorist bodily injury coverage. "Economic losses" are defined on the form as "those [losses] which can be measured in specific monetary terms including, *748 but not limited to, medical costs, funeral expenses, lost wages, and out of pocket expenses."

Before trial, plaintiff settled her claim against defendant and her liability insurer for the underlying liability policy limits of $10,000. Plaintiff released defendant and USAgencies, in its capacity as defendant's liability insurer, but reserved her right to proceed against USAgencies as the EO UM coverage provider for the vehicle in which she was a guest passenger.

At trial, the parties stipulated that plaintiff's medical expenses in connection with her injuries sustained in the accident were $4,658.76. USAgencies refused to pay under its EO UM coverage, contending that plaintiff's economic loss of $4,658.76 did not exceed the underlying liability policy limits of $10,000, and that therefore the EO UM coverage did not apply.

The trial court rejected USAgencies' argument, stating that plaintiff had received "extensive injury," including bulging disks, and that the $10,000 she received in settlement from the primary liability carrier was "really not sufficient to cover pain and suffering for that type of injury." The court concluded that USAgencies' EO UM coverage was applicable in this instance, and rendered judgment in favor of plaintiff for $4,658.76. USAgencies appeals.

This is a question of law requiring a de novo review. Appellate review of questions of law consists of a simple review of the correctness of the trial court's decision as a matter of law. Deville v. South Central Industries, Inc., 99-1377, p. 3 (La.App. 1st Cir.6/23/00), 764 So.2d 335, 337, writ denied, 00-2619 (La.11/17/00), 774 So.2d 976.

The issue before this court is whether the responsible driver in this accident was underinsured so as to trigger the EO UM coverage available to plaintiff. In the absence of jurisprudence that directly addresses this issue, we must carefully examine the statutory language, the legislative intent, and the applicability of the statute to the instant case.

Louisiana law requires UM coverage in every automobile liability insurance policy for an amount not less than the limits of bodily injury liability provided by the policy. This minimum amount is automatically included in the policy unless the insured rejects the coverage or selects lower limits. La. R.S. 22:1406 D(1)(a)(i); Cangelosi v. Allstate Ins. Co., 96-0159, p. 3 (La.App. 1st Cir.9/27/96), 680 So.2d 1358, 1360, writ denied, 96-2586 (La.12/13/96), 692 So.2d 375. In 1997, the Legislature enacted Act No. 1476, which amended the statute governing UM coverage to allow an additional selection by an insured for EO UM coverage. The pertinent part of La. R.S. 22:1406 D(1)(a)(i) provides:

Insurers may also make available, at a reduced premium, the coverage provided under this Subsection with an exclusion for all noneconomic loss. This coverage shall be known as "economic-only" uninsured motorist coverage. Noneconomic loss means any loss other than economic loss and includes but is not limited to pain, suffering, inconvenience, mental anguish, and other noneconomic damages otherwise recoverable under the laws of this state.

The statute also defines the term "uninsured motor vehicle" at La. R.S. 22:1406 D(2)(b), which provides, in pertinent part:

For the purposes of this coverage the term uninsured motor vehicle shall, ... be deemed to include an insured motor vehicle when the automobile liability insurance coverage on such vehicle is less than the amount of damages suffered by an insured and/or the passengers in the insured's vehicle at the time *749 of an accident, as agreed to by the parties and their insurers or as determined by final adjudication. (Emphasis added.)

When the law is clear and unambiguous, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature. La. Civ.Code art. 9. But when the language of the law is susceptible of different meanings, it must be interpreted as having the meaning that best conforms to the purpose of the law. La. Civ.Code art. 10. The function of statutory interpretation and the construction to be given to legislative acts rests with the judicial branch of the government. Touchard v. Williams, 617 So.2d 885, 888 (La.1993). The starting point in the interpretation of any statute is the language of the statute itself. Touchard, 617 So.2d at 888.

A paramount consideration in interpreting a statute is ascertaining the legislature's intent and the reasons that prompted the legislature to enact the law. Theriot v. Midland Risk Ins. Co., 95-2895, p. 3 (La.5/20/97), 694 So.2d 184, 186. One particularly helpful guide in ascertaining the intent of the legislature is the history of the statute in question and related legislation. Theriot, 95-2895 at 4, 694 So.2d at 186. Where there is any doubt about the intent or meaning of a law in derogation of long accepted rules, the statute is given the effect that makes the least rather than the most change in the existing body of the law. Touchard, 617 So.2d at 892. Finally, our interpretation of the meaning of a statute should be guided by the jurisprudential rule that we not impute a meaning which would lead to an absurd result. Touchard, 617 So.2d at 892.

The declared legislative intent of 1997 Acts, No. 1476, known as the "Omnibus Premium Reduction Act of 1997," was to achieve a significant reduction in the premium rates for motor vehicle insurance. The legislature intended a direct cost savings to citizens of Louisiana.

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Butler v. Allen, 808 So. 2d 746, 2001 WL 1149988 (La. Ct. App. 2001).

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