Carrier v. Reliance Ins. Co.

759 So. 2d 37, 2000 WL 366297
CourtSupreme Court of Louisiana
DecidedApril 11, 2000
Docket99-C-2573
StatusPublished
Cited by97 cases

This text of 759 So. 2d 37 (Carrier v. Reliance Ins. Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carrier v. Reliance Ins. Co., 759 So. 2d 37, 2000 WL 366297 (La. 2000).

Opinion

759 So.2d 37 (2000)

Lee CARRIER and his wife Mary Beth Carrier
v.
RELIANCE INSURANCE COMPANY.

No. 99-C-2573.

Supreme Court of Louisiana.

April 11, 2000.
Rehearing Denied May 12, 2000.

*38 Paul M. Adkins, Blanchard, Walker, O'Quin & Roberts, Shreveport; Mickey Stephens deLaup, Metairie, Counsel for Applicant.

Jeffery F. Speer, Doucet-Speer, Lafayette; Bret Christopher Beyer, Erin Sherburne Beyer, Hill & Beyer, Lafayette; Julian Louis Gibbens, III, New Iberia, Paulin J. Laborde, Jr., Lafayette, Counsel for Respondent.

LEMMON, Justice.[*]

This is an action against plaintiff's employer's commercial automobile insurer to recover damages under the uninsured/underinsured motorist (UM) coverage of the employer's policy. The principal issues are (1) whether the court of appeal erred in construing an exception to an exclusion as a basis for coverage under the policy; (2) whether plaintiff, who was injured while driving his own vehicle in the course and scope of his employment, qualified as an insured under the UM coverage of the employer's policy; and (3) if not, whether plaintiff qualified as an insured under the liability coverage of the policy and was therefore entitled to have UM coverage read into the policy.

Facts

Plaintiff was injured in an automobile accident while driving his own vehicle in the course and scope of his employment. The accident was caused by the negligence of a third party tortfeasor.

The tortfeasor's liability insurer paid its policy limits, as did plaintiff's UM insurer. Plaintiff then commenced this action against his employer's UM insurer, Reliance Insurance Company, to recover additional benefits.[1] Reliance asserted that there was no coverage because, among other reasons, there was an endorsement to the policy that excluded UM coverage for employees of the named insured while driving their own vehicle in the course and scope of employment.

Plaintiff filed a motion for summary judgment on the coverage issue, contending that he qualified as an insured under the UM coverage. Alternatively, plaintiff contended that he qualified as an insured under the liability coverage and that La. Rev.Stat. 22:1406 D(1)(a) mandates UM coverage for a liability insured, unless UM coverage is rejected.

The trial judge granted summary judgment in favor of plaintiff without assigning written reasons. Upon Reliance's motion, the judge designated the judgment as final for the purpose of an immediate appeal under La.Code Civ. Proc. art. 1915 B and granted Reliance an appeal.

The court of appeal affirmed. 99-169 (La.App. 3d Cir.6/16/99), 742 So.2d 13. The court discussed two separate endorsements to the UM coverage of Reliance's policy. After discussing the endorsement entitled "Louisiana Uninsured Motorists Coverage—Bodily Injury," the court pretermitted a decision on the interpretation of that endorsement language.[2] Rather, the court based its decision on another UM endorsement entitled "Uninsured and Underinsured Motorists Exclusion," which provided as follows:

The following additional exclusion applies:

*39 This insurance does not apply to "bodily injury" sustained by any employee of an "insured." This exclusion does not apply to "bodily injury" sustained by any employee while an occupant of a private passenger automobile.

The court of appeal, noting that the endorsement modified the insurance provided under the policy's Business Auto Coverage, reasoned that while the first sentence of the endorsement excluded bodily injury sustained by an employee of the named insured, the second sentence made an exception to the exclusion when the employee was occupying a private passenger automobile. The court concluded that plaintiff was covered under the UM endorsement because of the exception to the exclusion. The court further observed that the endorsement evidenced the named insured's intent to provide UM coverage to its employees when they are occupying private passenger automobiles,[3] emphasizing that the employees were required to use their personal automobiles in the course and scope of their employment.

We granted Reliance's application for certiorari to address the interpretations of both the endorsement addressed by the court of appeal and of the endorsement on which the court of appeal pretermitted a decision and on which there is a split among the circuits. 99-2573 (La.12/10/99), 751 So.2d 241.

Uninsured and Underinsured Motorists Exclusion

Reliance contends, citing Magnon v. Collins, 98-2822 (La.7/7/99), 739 So.2d 191, that the intermediate court's reliance on an exception to an exclusion to create coverage was erroneous. Reliance argues that neither the exclusion in the endorsement nor the exception thereto expanded the policy definition of who is an insured.

In the Magnon case, the plaintiff sought to recover, under his employer's commercial general liability insurance policy, the damages he sustained in an accident caused by an uninsured motorist while plaintiff was driving his own automobile in the course and scope of his employment. There was no express UM coverage in the policy or valid rejection thereof, and plaintiff Magnon sought to be recognized as an insured under the liability coverage and thus entitled to have UM coverage read into the policy.[4]

The general liability portion of the policy defined an insured as including employees of the named insured, but only for acts within the scope of their employment. However, the general liability portion expressly made the insurance inapplicable to bodily injury or property damage arising out of the use of any auto which any insured owns. Thus plaintiff Magnon, who was using his auto in the scope of his employment, clearly was not an insured under the general liability portion of his employer's policy.

However, the policy in Magnon also contained a section, entitled "Non-Owned and Hired Auto Liability Insurance," which did provide auto liability coverage. That coverage defined an insured as:

1. you[5] for any covered auto.[6]
*40 2. anyone else while using, with your permission, a covered auto except:
a. the owner or anyone else from whom you hire or borrow a covered auto.
b. your employee if the covered auto is owned by that employee or a member of his or her household.
c. someone using a covered auto while he or she is working in a business of selling, servicing, repairing or parking autos unless that business is yours.
d. anyone other than your employees, partners, a lessee or borrower or any of their employees, while moving property to or from a covered auto.
e. a partner or yours for a covered auto owned by him or her or a member of his or her household.
3. anyone liable for the conduct of an insured described above but only to the extent of that liability.

The court of appeal in Magnon recognized that Section 2(b) excluded employees from the definition of an insured, but characterized Section 2(d) as an exception to the exclusion of an employee when the employee is driving his own auto. 97-1216 (La.App. 5th Cir.10/14/98), 746 So.2d 8.

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Cite This Page — Counsel Stack

Bluebook (online)
759 So. 2d 37, 2000 WL 366297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carrier-v-reliance-ins-co-la-2000.