Castille v. Blum

188 So. 3d 362, 15 La.App. 3 Cir. 742, 2016 La. App. LEXIS 497, 2016 WL 1039355
CourtLouisiana Court of Appeal
DecidedMarch 16, 2016
DocketNo. 15-742
StatusPublished
Cited by1 cases

This text of 188 So. 3d 362 (Castille v. Blum) 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
Castille v. Blum, 188 So. 3d 362, 15 La.App. 3 Cir. 742, 2016 La. App. LEXIS 497, 2016 WL 1039355 (La. Ct. App. 2016).

Opinions

SAVOIE, Judge.

| ¶ Plaintiffs; Danny and Dawn Castille, appeal the trial court’s summary judgment dismissing their claims against Defendant, Certain Underwriters at Lloyd’s, London (“Certain Underwriters”), on the grounds that no coverage existed under the Uninsured/Underinsured (UM/UIM) provisions of a policy issued to Danny Castille. For the following reasons, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

On September 24, 2011, Plaintiff-Appellant, Danny Castille, was operating a tractor/trailer traveling westbound on Interstate 10 in Kenner, Louisiana. He was travelling directly behind a vehicle operated by Defendant Denise Breaux, and Ms. Breaux was travelling behind a truck operated by Defendant Jonathan Blum. According to Mr. Castille, a ladder in the back of Mr. Blum’s truck fell into the path of Ms. Breaux, and as Ms. Breaux attempted to avoid the ladder, a collision occurred between Ms. Breaux’s vehicle and Mr. Castille’s vehicle.

Danny Castille and his wife Dawn filed suit against Ms.- Breaux and her automobile liability insurer, and Mr. Blum and his automobile liability insurer, among others. They later added Certain Underwriters as a defendant, seeking UM/UIM coverage under a surplus lines-insurance policy issued to Mr. Castille. Certain Underwriters answered the Castilles’ petition admitting the issuance of an insurance policy to Mr. Castille, but averring that there was no UM/UIM coverage.

The policy Certain Underwriters issued to Mr, Castille is a “Bobtail Liability Insurance Policy.” “Bobtailing” is a trucking industry term meaning that the tractor is being operated without a trailer attached. Jurey v. Kemp, 11-142, 11-143 (La.App. 1 Cir. 9/20/11), 77 So.3d 83. According to Certain Underwriters, because liability coverage was only available when the insured’s tractor was |/‘bobtailing”, UM/UIM coverage was also only available when the insured’s tractor was “bobtail-ing.” It is undisputed that Mr. Castille’s vehicle was not “bobtailing” since a trailer was attached to the tractor.

Certain Underwriters subsequently sought and obtained a summary judgment against the Castilles. The trial court found that the policy did not provide UM/ UIM coverage and dismissed the Castilles’ claims against Certain Underwriters. The Castilles appealed; however, that appeal was dismissed because the original summary judgment was not certified as a final appealable judgment pursuant to La.Code. Civ.P; art.1915.1 Thereafter, the trial court amended the summary judgment and designated it as final and appealable. The Castilles now appeal from the amended judgment and assert the following assignments of error:

[365]*365a. The trial court did not apply the proper standard on the Motion for Summary Judgment and in- reviewing [Certain] Underwriters’ policy.
b. The trial court erred in not finding that the UM policy provided separate coverage to plaintiff as named insured for his own injuries sustained at the hands of uninsured motorists, to which the liability exclusions did not apply.
c. The trial court erred when it failed to consider the specific UM policy provisions in determining whether there was insurance coverage, and in failing to apply the unambiguous language óf the policy and UM statutes.
d. The trial court erred when it did not apply well-established standards for policy interpretation and statutory provisions and public policy, considerations that require a finding of UM coverage.

LAW AND DISCUSSION

In their first assignment of error, the Castilles contend that the trial court applied an improper standard when considering the Motion for Summary Judgment and reviewing the policy; however, they do not identify what standard was or Isshould have been applied. The proper standard to be applied by: the trial court in a summary judgment proceeding and the standard of review to be employed by this court is as follows:

Courts of appeal review summary judgments de novo applying the same analysis as the trial court. Schroeder v. Bd. of Supervisors of La. State Univ., 591 So.2d 342 (La.1991). Summary judgment is governed by La.Code Civ.P. arts. 966 and 967. Article 966 provides that while the burden of proving entitlement to summary, judgment rests, with the mover, if the mover will not bear the burden of proof at- trial on the matter that is before the court on the motion for summary judgment, the mover’s burden does not require him to negate all essential elements óf the adverse party’s claim, action or defense, but rather to point out that there is an absence of factual support for one or more elements essential to the adverse party’s claim, action or defense. Thereafter, if the adverse party falls to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact. Hardy v. Bowie, 98-2821 (La.9/8/99), 744 So.2d 606.

Berard v. Home State County Mut. Ins. Co., 11-1372, p. 2 (La.App. 3 Cir. 5/9/12), 89 So.3d 470, 471-72.

Regardless of the standard of review applied by the trial court, on appeal, we conduct a de novo review of the record; and, as such, the Castilles’ claim of legal error has no bearing and is without merit.

The Castilles’ remaining assignments of error involve the trial court’s interpretation of the policy and its finding that language in the liability portion of the policy limited UM/UIM coverage to tractors that were “bobtailing.” In reviewing the applicable insurance policy provisions, we are mindful of .the following:

An insurance policy is a contract between the parties and should be construed by using the- general rules of interpretation of contracts set forth in the Louisiana Civil. Code, The judiciary’s role, in interpreting insurance contracts is to ascertain the common intent of the parties to the contract.
|4Words and phrases used in an insur-anee policy are to be construed using their plain, ordinary and generally pre[366]*366vailing meaning, unless the words have acquired a technical meaning. An insurance contract, however, should not be interpreted in an,, unreasonable or strained manner under the guise of contractual interpretation to enlarge or to restrict its provisions, beyond what is reasonably contemplated by unambiguous terms or achieve an absurd conclusion. The rules of construction do not authorize a perversion of the words or t;he exercise of inventive powers to create an ambiguity where none exists or the making of a new contract when the terms express, with sufficient clearness the parties’ intent.
Ambiguous policy provisions are generally construed against the insurer and in favor of coverage. Under this rule of strict construction, equivocal provisions seeking to narrow an insurer’s obligation are strictly construed against the insurer. That strict construction principle applies only if the ambiguous policy provision is susceptible to two or more reasonable interpretations_•
If the policy wording at issue is clear and unambiguously expresses the parties’ intent, the insurance contract must be enforced as written.

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Bluebook (online)
188 So. 3d 362, 15 La.App. 3 Cir. 742, 2016 La. App. LEXIS 497, 2016 WL 1039355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castille-v-blum-lactapp-2016.