Clary v. State Farm Mutual Automobile Ins. Co.

204 So. 3d 1102, 16 La.App. 3 Cir. 168, 2016 La. App. LEXIS 2148
CourtLouisiana Court of Appeal
DecidedNovember 23, 2016
Docket16-168
StatusPublished
Cited by1 cases

This text of 204 So. 3d 1102 (Clary v. State Farm Mutual Automobile Ins. Co.) 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
Clary v. State Farm Mutual Automobile Ins. Co., 204 So. 3d 1102, 16 La.App. 3 Cir. 168, 2016 La. App. LEXIS 2148 (La. Ct. App. 2016).

Opinions

PETERS, J.

I,Michael Cal Clary and Catherine Ann Hixson Clary brought suit against a number of defendants to recover damages they claim to have suffered while acquiring and operating an insurance agency in Lees-ville, Vernon Parish, Louisiana. The Clar-ys asserted causes of action against all of the defendants in the litigation under a number of theories of recovery, and the various defendants filed two separate peremptory exceptions of no cause of action seeking only the dismissal of the damage claims arising pursuant to the Louisiana Antitrust Statute, La.R.S. 51:122 (the antitrust statute), and the Louisiana Unfair Trade Practices Act, La.R.S. 51:1401, et seq. (LUTPA). The trial court rejected both exceptions, and the defendants appealed. For the following reasons, we affirm the trial court judgment in all respects.

PROCEDURAL STATUS OF THE LITIGATION

The Clarys, who are husband and wife, filed the petition at issue on July 2, 2015. In their petition, they named State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm VP Management Corporation, and State Farm Bank,- F.S.B. (collectively referred to as “State Farm”); 1 Insurance Placement Services, Inc. (Insurance Placement Services); Patrick White; Kimberly Rollins White (sometimes referred to as “Kimberly Rollins”);2 Gene Haymon; and David Haymon as defendants.

li>On August 19, 2015, State Farm, Insurance Placement Services, Patrick White, and Kimberly Rollins White (the State Farm appellants) filed a peremptory exception of no cause of action addressing the claims asserted by the Clarys involving the antitrust statute and LUTPA. Two days later, Gene and David Haymon (the Haymon appellants) filed a peremptory exception of no cause of action addressing the same two claims.

At the end of a December 16, 2015 hearing on both exceptions, the trial court took the matter under advisement. On January 12, 2016, the trial court executed a written judgment rejecting both exceptions. The written judgment also contains the following reasons for the trial court’s actions:

After reviewing the facts and- relevant case law, the Court-finds as follows:
If all alleged facts are taken as true, the Petition states all the necessary elements of a violation of both the Louisiana antitrust law and the Louisiana Unfair Trade Practices Act. Therefore, Plaintiffs’ Petition states a cause of action.
While the Court does believe the Plaintiffs have stated a cause of action for both alleged violations, the Court also notes Everything on Wheels Subaru, Inc. v. Subaru S., Inc., “if there are two or more items of damages or theories of recovery which arise out of the operative facts of a single transaction or occurrence, a partial judgment on an [1107]*1107exception of no cause of action should not be rendered to dismiss one item of damages or theory of recovery.” 616 So.2d 1234 (La. 1993).

Both the State Farm appellants and the Haymon appellants timely complied with the expedited appeal provisions of La.R.S. 51:134.3 In their separately filed appeals, the State Farm appellants and the Hay-mon appellants questioned only the trial court’s ruling on the exceptions of no cause of action addressing the Clarys’ antitrust claim. However, in the briefs submitted on appeal, both groups of | ^appellants joined the LUTPA issue in their assignments of error. While phrased slightly differently, the two appellant groups raised the same assignments of error: (1) the trial court erred in concluding that it could not grant an exception of no cause of action that dismissed some, but not' all, of the Clarys’ claims; (2) the trial court erred when it rejected the exceptions of no cause of action addressing the Clarys’ claims under La.R.S. 51:122; and (3) the trial court erred when it rejected the exceptions of no cause of action addressing the Clarys’ claims under LUTPA.

FACTUAL ALLEGATIONS OF THE CLARYS’ PETITION (ACCEPTING THE WELL-PLEADED FACTUAL ALLEGATIONS TO BE TRUE)

In their twenty-four page petition, the Clarys sought damages against the defendants based on a number of causes of action, including breach of contract; detrimental reliance in contract; conspiracy in restraint of trade in violation of the antitrust statute; violations of LUTPA; intentional infliction of emotional distress, and conspiracy to intentionally inflict emotional distress; conspiracy to punish the Clarys for filing a complaint with the Louisiana Department of Insurance (Insurance Department), i,e., being a “whistleblower”; breach of contractual stipulation pour au-tri\ and loss of consortium. All of these causes of action arise from the same factual background. Still, the only two at issue in this appeal are the antitrust and LUT-PA causes of action.

The petition establishes that before contracting with State Farm to take over one of its agencies in Leesville, Louisiana, Mr. Clary had been a successful independent owner of an Allstate Insurance agency. The transition from one company to the other began in 2006 when a State Farm agency manager encouraged him to become a State Farm Insurance Agent. Between 2007 and 2011, Mr. Clary began training within the State Farm system; and given his successful training, he initially received offers to take over State Farm agency offices in either 14Ville Platte, Louisiana, or Port Arthur, Texas. However, he declined these offers based partially on the advice of Kimberly Rollins, State Farm’s vice-president of the division overseeing its Louisiana agencies. Ms. Rollins suggested that he wait for a better opportunity in Louisiana.

In February of 2011, Mr. Clary thought he had found that better opportunity when he was asked to take over Gene Haymon’s State Farm agency in Leesville, Louisiana. Todd McFarland, a State Farm Agency Field Executive, contacted Mr. Clary about taking over the Leesville agency because Gene Haymon was retiring.

Being aware that Gene Haymon’s son, David Haymon, was a State Farm Agency Field Executive in Columbia, Missouri, [1108]*1108and being concerned that he might be interested in moving into an agency position in Leesville to take advantage of his father’s reputation, Mr. Clary sought assurances from Mr. McFarland that his taking over Gene Haymon’s agency would be free and clear of any interference from either of the Haymons. Mr. McFarland responded by stating that neither he nor State Farm would tolerate “illegal solicitation, policy raiding, or mass transfer from a new agent’s book of business[,]” With this assurance, Mr. Clary agreed to take the Leesville opportunity and began the transfer process.

State Farm awarded Mr. .Clary the agency, but he soon learned that State Farm had also awarded David Haymon a Leesville agency. When Jamie Eagles replaced Mr. McFarland as State Farm’s Agency Field Executive in June of 2011, he called a meeting of the parties in an effort to circumvent any problems associated with the soon-to-be competing Lees-ville agencies. At the July 17, 2011 meeting,4 the topic of discussion was the transition of Gene Haymon’s business to the new agencies. In addressing that subject, Mr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
204 So. 3d 1102, 16 La.App. 3 Cir. 168, 2016 La. App. LEXIS 2148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clary-v-state-farm-mutual-automobile-ins-co-lactapp-2016.