Calcasieu Parish School Board v. Miller

92 So. 3d 1200, 11 La.App. 3 Cir. 1107, 2012 WL 2017950, 2012 La. App. LEXIS 803
CourtLouisiana Court of Appeal
DecidedJune 6, 2012
DocketNos. CW 11-1107, CA 12-48
StatusPublished
Cited by13 cases

This text of 92 So. 3d 1200 (Calcasieu Parish School Board v. Miller) 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.

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Calcasieu Parish School Board v. Miller, 92 So. 3d 1200, 11 La.App. 3 Cir. 1107, 2012 WL 2017950, 2012 La. App. LEXIS 803 (La. Ct. App. 2012).

Opinion

PETERS, J.

hOne of the defendants in this litigation, Louisiana Citizens Property Insurance Company, appeals the grant of a summary judgment in favor of the Calcasieu Parish School Board on the issue of insurance coverage. For the following reasons, we affirm the trial court judgment in all respects.

DISCUSSION OF THE RECORD

This litigation arises out of a December 4, 2008 accident involving Katherine Kunz-weiler, an employee of the Calcasieu Parish School Board (School Board). On that day, while working as an art teacher at Washington Magnet High School in Calca-sieu Parish, Ms. Kunzweiler sustained personal injuries when she was knocked down by a student while attempting to break up an altercation between the student and another student. In the matter now before us, the School Board is attempting to recover, from the offending student’s mother and the homeowner’s insurance policy issued to her by Louisiana Citizens Property Insurance (Louisiana Citizens), benefits it paid to Ms. Kunzweiler under the Louisiana Workers’ Compensation Act.

The underlying facts are not in dispute. On the morning of December 4, 2008, two female students in Ms. Kunzweiler’s class, Keiarea Miller (Keiarea) and a female student identified in the record as “Shondell,” began a verbal altercation. Ms. Kunzweiler, who was in an adjacent room when the verbal altercation began, entered the room to investigate and positioned herself between the two students. At some point after Ms. Kunzweiler entered the room, Keiarea moved aggressively toward Shon-dell. As Keiarea came in contact with Ms. Kunzweiler, she grabbed her teacher’s upper arms and forcefully moved her aside, causing Ms. Kunzweiler to fall to the floor.

| ..Because of the injuries sustained by Ms. Kunzweiler, the School Board began paying her workers’ compensation and medical benefits. On November 20, 2009, the School Board instituted suit against [1202]*1202Mary Miller, as natural mother and natural tutrix of Keiarea, and Louisiana Citizens. The insurer met the suit by filing, among other pleadings, a motion for summary judgment wherein it asserted that the homeowner’s policy issued to Ms. Miller did not provide coverage for the damages claimed by the School Board. In response to Louisiana Citizens’ motion, the School Board filed a motion for summary judgment of its own seeking a judgment declaring that the Louisiana Citizens’ policy did provide coverage for the damages sustained.

At the June 14, 2011 hearing on the summary judgment motions, the trial court rejected Louisiana Citizens’ motion and took the School Board’s motion under advisement. On June 21, 2011, the trial court issued written reasons for judgment granting the School Board’s motion and, on the next day, executed a judgment encompassing both rulings.

Louisiana Citizens timely filed an application for supervisory writs addressing the denial of its motion for summary judgment and perfected an appeal addressing the grant of summary judgment to the School Board. On January 26, 2012, this court granted Louisiana Citizens’ application for supervisory writs for the limited purpose of consolidating that writ application with Louisiana Citizens’ appeal.

OPINION

Both summary judgments address the interpretation of the same policy language. The policy includes a standard form declarations section together with | specific endorsements which alter some of the declaratory language of the standard form.

Our supreme court has set out the principles to be used in interpreting insurance policies:

In analyzing insurance polices, certain elementary legal principles apply. First and foremost is the rule that an insurance policy is a contract between the parties and should be construed using the general rules of interpretation of contracts set forth in the Civil Code. LeBlanc v. Aysenne, 05-0297, p. 3 (La.1/19/06), 921 So.2d 85, 89; Edwards v. Daugherty, 03-2103, p. 11 (La.10/1/04), 883 So.2d 932, 940; Cadwallader v. Allstate Insurance Co., 02-1637, p. 3 (La.6/27/03), 848 So.2d 577, 580; Louisiana Insurance Guaranty Association v. Interstate Fire & Casualty Co., 93-0911, p. 5 (La.1/14/94), 630 So.2d 759, 763.
According to those rules, the responsibility of the judiciary in interpreting insurance contracts is to determine the parties’ common intent. See, LSA-C.C. art. 2045; Edwards, 03-2103, p. 11, 883 So.2d at 940; Cadwallader, 02-1637 at 3, 848 So.2d at 580; Blackburn v. National Union Fire Insurance Co. of Pittsburgh, 00-2668, p. 6 (La.4/3/01), 784 So.2d 637, 641. Courts begin their analysis of the parties’ common intent by examining the words of the insurance contract itself. See, LSA-C.C. art. 2046; Succession of Fannaly v. Lafayette Insurance Co., 01-1355, p. 3 (La.1/15/02), 805 So.2d 1134, 1137; Blackburn, 00-2668 at 6, 784 So.2d at 641 (“[T]he initial determination of the parties’ intent is found in the insurance policy itself.”). In ascertaining the common intent, words and phrases in an insurance policy are to be construed using their plain, ordinary and generally prevailing meaning, unless the words have acquired a technical meaning, in which case the words must be ascribed their technical meaning. See, LSA-C.C. art. 2047; Edwards, 03-2103 at 11, 883 So.2d at 940-941; Cadwallader, 02-1637 at 3, 848 So.2d at 580; Succession of Fannaly, 01-1355 at 3, 805 So.2d at 1137.
An insurance contract is to be construed as a whole and each provision in [1203]*1203the contract must be interpreted in light of the other provisions. One provision of the contract should not be construed separately at the expense of disregarding other provisions. See, LSA-C.C. art. 2050; Hill v. Shelter Mutual Insurance Co., 05-1783, p. 3 (La.7/10/06), 935 So.2d 691, 694; Succession of Fannaly, 01-1355 at 4-5, 805 So.2d at 1137; Peterson v. Schimek, 98-1712, p. 5 (La.3/2/99), 729 So.2d 1024, 1029. Neither should an insurance policy be interpreted in an unreasonable or a strained manner so as to enlarge or to restrict its provisions beyond what is reasonably contemplated by its terms or so as to achieve an absurd conclusion. LeBlanc, 05-0297, at 3, 921 So.2d at 89; Edwards, 03-2103 at 11, 883jjSo.2d at 941; Cadwallader, 02-1637 at 3, 848 So.2d at 580; Peterson, 98-1712 at 5, 729 So.2d at 1028.
When the words of an insurance contract are clear and explicit and lead to no absurd consequences, no further interpretation may be made in search of the parties’ intent and courts must enforce the contract as written. See, LSA-C.C. art. 2046; Hill, 05-1783 at 3, 935 So.2d at 694; Peterson, 98-1712 at 4-5, 729 So.2d at 1028. Courts lack the authority to alter the terms of insurance contracts under the guise of contractual interpretation when the policy’s provisions are couched in unambiguous terms. Cadwallader, 02-1637 at 4, 848 So.2d at 580; Succession of Fannaly, 01-1355 at 4, 805 So.2d at 1138. The rules of contractual interpretation simply do not authorize a perversion of the words or the exercise of inventive powers to create an ambiguity where none exists or the making of a new contract when the terms express with sufficient clarity the parties’ intent. Edwards, 03-2103 at 12, 883 So.2d at 941; Succession of Fannaly, 01-1355 at 4, 805 So.2d at 1138; Peterson,

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92 So. 3d 1200, 11 La.App. 3 Cir. 1107, 2012 WL 2017950, 2012 La. App. LEXIS 803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calcasieu-parish-school-board-v-miller-lactapp-2012.