Clarendon Nat. Ins. Co. v. Belt

766 So. 2d 717, 2000 La. App. LEXIS 2106, 2000 WL 1206040
CourtLouisiana Court of Appeal
DecidedAugust 25, 2000
Docket33,997-CA
StatusPublished
Cited by4 cases

This text of 766 So. 2d 717 (Clarendon Nat. Ins. Co. v. Belt) 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
Clarendon Nat. Ins. Co. v. Belt, 766 So. 2d 717, 2000 La. App. LEXIS 2106, 2000 WL 1206040 (La. Ct. App. 2000).

Opinion

766 So.2d 717 (2000)

CLARENDON NATIONAL INSURANCE COMPANY, Plaintiff-Appellant,
v.
William BELT, et al., Defendants-Appellees.

No. 33,997-CA.

Court of Appeal of Louisiana, Second Circuit.

August 25, 2000.
Writ Denied November 17, 2000.

*718 Provosty, Sadler, Delauney, Fiorenza & Sobel by John D. Ryland, Alexandria, Counsel for Plaintiff-Appellant.

Rodney M. Rabalais, Marksville, Counsel for Defendants-Appellees, William O. Belt and John J. Guillory.

Alton T. Moran, Baton Rouge, Counsel for Defendants-Appellees, Jeanette Armand, Barton Armand and Craig Armand.

Before NORRIS, PEATROSS and DREW, JJ.

DREW, J.

Clarendon National Insurance appeals a judgment sustaining an exception of improper venue and transferring its suit for declaratory judgment to Avoyelles Parish. Finding that venue is proper in Caddo Parish, we reverse and remand for the trial court's consideration of a pending exception of lis pendens and a motion to transfer for forum non conveniens.

FACTS

On November 3, 1998, John Guillory, an employee of the Avoyelles Parish Sheriffs Department, was operating a department *719 vehicle in Avoyelles Parish when the trailer he was towing detached and struck a vehicle driven by Harold Armand, killing Armand. Jeanette Armand, Harold Armand's wife and a passenger in their vehicle, was injured. William Belt is the Sheriff of Avoyelles Parish. Clarendon is the liability insurer for the Avoyelles Parish Sheriff's Department ("APSD").

Armand's widow and children filed suit in Avoyelles Parish against Belt and Clarendon on January 26, 1999. They subsequently amended their petition to add Guillory, Timothy Ducote and Joseph Murray, also employees of the APSD, as defendants.

On June 4, 1999, Clarendon filed a petition for declaratory judgment in Caddo Parish. Named as defendants were Belt, Guillory, Jeanette Armand, Barton Armand and Craig Armand. As stated in that petition, the trailer was manufactured by the APSD, was 16 feet long and four feet wide and had a load capacity of over 2,000 pounds. Clarendon alleged that "covered autos" under its policy are limited to specifically described autos, and for liability purposes, hired autos or non-owned autos. Clarendon further alleged that the trailer is not listed as a covered auto in the policy. Clarendon specifically requested a determination that the policy "provides no comprehensive and/or collision coverage on the Trailer and no liability coverage to William Belt, John J. Guillory or any employee or agent of the [APSD], arising from the use of a non-specified auto."

The Armands filed the declinatory exception of lis pendens in response to Clarendon's petition. Sheriff Belt and Guillory filed the declinatory exceptions of improper venue and lis pendens, and in the alternative, a motion for transfer to Avoyelles Parish due to forum non conveniens.

The trial court rendered judgment on January 25, 2000. The exception of improper venue was sustained, and the case was transferred to the 12th Judicial District Court in Avoyelles Parish. The court deferred ruling on the exception of lis pendens to a court of proper venue.

DISCUSSION

Exception of Improper Venue

Clarendon argues on appeal that the trial court erred in granting the exception of improper venue. Clarendon contends that venue is proper in Caddo Parish under La. C.C.P. art. 76.1, which reads:

Art. 76.1. Action on contract
An action on a contract may be brought in the parish where the contract was executed or the parish where any work or service was performed or was to be performed under the terms of the contract.

Appellees counter that La. C.C.P. art. 76, rather than Article 76.1, would supply venue in this action seeking a declaratory judgment on an insurance policy. La. C.C.P. art. 76 provides:

Art. 76. Action on insurance policy
An action on a life insurance policy may be brought in the parish where the deceased died, the parish where he was domiciled, or the parish where any beneficiary is domiciled.
An action on a health and accident insurance policy may be brought in the parish where the insured is domiciled, or in the parish where the accident or illness occurred.
An action on any other type of insurance policy may be brought in the parish where the loss occurred or the insured is domiciled.

The general rules of venue are set forth in La. C.C.P. art. 42. The rule of strict construction regarding the exceptions provided in La. C.C.P. arts. 71 through 85 has been relaxed. Coleman v. Fisher Lumber Corp., 28,446 (La.App.2d Cir.6/26/96), 677 So.2d 678, writ denied, 96-1789 (La.9/3/96), 678 So.2d 558. See also Jordan v. Central Louisiana Electric Co. Inc., 95-1270 (La.6/23/95), 656 So.2d 988. La. C.C.P. *720 arts. 76 and 76.1 are both permissive venue exceptions. See La. C.C.P. art. 45.

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. Lewis v. Hamilton, 94-2204 (La.4/10/95), 652 So.2d 1327; Block v. St. Paul Fire & Marine Ins. Co., 32,306 (La.App.2d Cir.9/22/99), 742 So.2d 746. La. C.C.P. art. 76.1 does not expressly limit its application to any particular forms of contracts.

We note that Art. 76 contains the heading, "Action on insurance policy." Art. 76 was enacted as part of the adoption of the Louisiana Code of Civil Procedure by Act 15 of 1960. We further note that Art. 76.1 has as its heading, "Action on contract." Art. 76.1 was enacted by Act 217, § 2 of 1991. Nonetheless, the "headings of the articles ... are used for purposes of convenient arrangement and reference, and do not constitute parts of the procedural law." La. C.C.P. art. 5057.

The Louisiana Code of Civil Procedure Articles are to be construed liberally and with due regard for the fact that rules of procedure implement the substantive law and are not an end in themselves. La. C.C.P. art. 5051. When the language of an article is clear and free from ambiguity, its letter is not to be disregarded under the pretext of pursuing its spirit. La. C.C.P. Art. 5052.

In Coleman v. Fisher Lumber Corp., supra, this court discussed the application of Article 76.1:

As we appreciate Art. 76.1, "an action on a contract," of whatever type, may be brought in "the parish where any work or service was performed or was to be performed under the terms of the contract." Our emphasis. The article is not facially ambiguous and does not restrict or limit its applicability to actions on certain types of contracts or to situations where a "substantial" or some other measurable amount of the contractual work or service was performed or was to be performed in the parish where the action is brought.
Id., 677 So.2d at 684. Underlined emphasis ours.

See also Landry v. Prime Ins. Syndicate, Inc., 99-0577 (La.App. 4th Cir.5/12/99), 732 So.2d 1291. Landry, an insurance agent, filed a petition for declaratory judgment against a general liability insurer, seeking a judgment that he owed no additional premiums. Prime Insurance, a foreign insurer, had issued policies covering businesses located in St. Bernard and Orleans Parishes. The Fourth Circuit agreed with the trial court that venue was proper in St. Bernard under La. C.C.P. art.

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Bluebook (online)
766 So. 2d 717, 2000 La. App. LEXIS 2106, 2000 WL 1206040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarendon-nat-ins-co-v-belt-lactapp-2000.