Colver v. Travelers Ins. Companies

685 So. 2d 179, 1996 WL 665410
CourtLouisiana Court of Appeal
DecidedNovember 8, 1996
Docket95 CW 1696
StatusPublished
Cited by6 cases

This text of 685 So. 2d 179 (Colver v. Travelers Ins. Companies) 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
Colver v. Travelers Ins. Companies, 685 So. 2d 179, 1996 WL 665410 (La. Ct. App. 1996).

Opinion

685 So.2d 179 (1996)

Joel COLVER
v.
The TRAVELERS INSURANCE COMPANIES and Janice Lenz.

No. 95 CW 1696.

Court of Appeal of Louisiana, First Circuit.

November 8, 1996.

*180 Jeffrey L. Little, Shreveport, for Plaintiff/Respondent, Joel Colver.

W. Shelby McKenzie, W. Arthur Abercrombie, Baton Rouge, for Defendant/Relator, The Travelers Insurance Company.

Daniel Atkinson, Jr., Baton Rouge, for Intervenor/Respondent, Maryland Casualty Company.

Before CARTER, GONZALES, and PARRO, JJ.

CARTER, Judge.

This matter is before us on remand from the Louisiana Supreme Court with instructions to rule on the merits of an application for supervisory writs following the trial court's denial of motions for summary judgment and new trial.

BACKGROUND

Michael Lenz was employed by Bryan Foods, Inc. (Bryan Foods), a subsidiary of Sara Lee Corporation (Sara Lee). Lenz was assigned a company car, a 1991 Chevrolet Caprice, which had been leased to Sara Lee. This vehicle was the only auto available to Lenz for his use. An accident occurred when Michael Lenz's wife, Janice, was operating the leased vehicle. The Travelers Insurance Company (Travelers) had previously issued a business automobile liability insurance policy to Sara Lee.

FACTS

On or about December 24, 1991, Joel Colver was driving a pick-up truck in a southerly direction on Wooddale Boulevard in Baton Rouge. At the time, the right lane of Wooddale Boulevard was under construction and *181 closed to through traffic. The Colver vehicle stopped in the right lane of Wooddale Boulevard and displayed caution, warning, and/or hazard lights. Janice Lenz was proceeding south on Wooddale Boulevard in the automobile leased to her husband's employer. As Janice Lenz approached the Colver vehicle, she failed to stop and rear-ended the Colver vehicle, injuring Colver.

On March 30, 1992, Colver filed a petition for damages. Named as defendants were Janice Lenz and Travelers. Travelers answered Colver's petition, denying the allegations, asserting that the policy of insurance did not afford coverage to Janice Lenz, and alleging that Colver's own negligence contributed to the accident.[1]

On September 9, 1992, Travelers filed a motion for summary judgment, alleging that the policy of insurance issued to Sara Lee did not afford coverage to Janice Lenz. Travelers contended that because Janice Lenz did not have permission to operate the automobile there was no coverage for her under the Traveler's policy. Colver defended the motion for summary judgment, alleging that the "Drive Other Car Coverage" endorsement was applicable to "employees who have a company car which is their sole vehicle for personal use." Colver reasoned that, because the automobile Janice Lenz was driving was the only vehicle the Lenzes had available, coverage was afforded to Janice Lenz under the "Drive Other Car Coverage" endorsement. Travelers argued that the endorsement was inapplicable because the evidence established that the Lenzes did not have permission from the named insured to use the company car for personal reasons.

After a hearing, the trial court granted Travelers' motion for summary judgment and dismissed Colver's suit against Travelers with prejudice. Pursuant to a motion for new trial filed by Colver, the trial court granted the new trial to permit the introduction of supporting affidavits, depositions, and the insurance policy, then rendered judgment in favor of Travelers and dismissed Colver's suit against Travelers. Colver appealed this adverse judgment.

In an unpublished opinion in Colver v. Travelers Insurance Companies, 93-1087 (La.App. 1st Cir. 3/24/94); 636 So.2d 642, writ denied, 94-1624 (La.9/30/94); 642 So.2d 879, this court reversed the trial court judgment, noting that the "Drive Other Car Coverage" portion of the Travelers policy provided coverage to "employees who have a company car which is their sole vehicle for personal use, including his or her spouse and family members while residents of the same household." This court reasoned that, because Lenz had a company car, which was his sole car for personal use, the language of the Travelers policy extended coverage to Lenz or his spouse when he or she used the company car for personal reasons, regardless of whether Bryan Foods intended its employees to use the company vehicles for personal reasons. Accordingly, this court concluded that the Travelers policy afforded coverage and that the trial court erred in granting Travelers' motion for summary judgment.

On March 6, 1995, Travelers again filed a motion for summary judgment. Travelers asserted that, at the time of the accident, Janice Lenz was operating the automobile without permission. Travelers reasoned that, because the Business Auto Coverage provision of the policy requires permission of the named insured, coverage does not extend to Janice Lenz. Travelers further asserted that the protection afforded under the "DRIVE OTHER CAR COVERAGE—BROADENED COVERAGE FOR NAMED INDIVIDUALS" portion of the policy does not afford coverage to her. Attached to Travelers' motion were the affidavit of Larry Fretz, Bryan Foods' manager of fleet safety, and the depositions of Michael and Janice Lenz. Fretz's affidavit reflects that the subject vehicle was leased to Bryan Foods and Sara Lee. The deposition testimony of Michael Lenz reveals that, at the time of the accident giving rise to this litigation, he had no personal vehicle. Lenz noted that, although he never instructed Janice not to *182 drive the company auto, it was a known fact that no one, other than a Bryan Foods employee, was authorized to operate the company auto. Lenz stated that he did not give Janice permission to use the company auto. According to Lenz, Bryan Foods' policy prohibited him from using the company auto for personal reasons. Janice Lenz's deposition testimony revealed that she was aware that Bryan Foods' policy prohibited her use of the company auto. Janice also advised that, on December 24, 1991, she drove the company auto without her husband's permission.

After a hearing, the trial court rendered judgment, denying Travelers' motion for summary judgment. Pursuant to a motion for new trial filed by Travelers, the trial court rendered judgment, denying Travelers' motion for new trial. Travelers filed an application for writs of review, which this court denied in Colver v. Travelers Insurance Companies, 95-1696 (La.App. 1st Cir. 11/30/95); 667 So.2d 1234.[2] On February 16, 1996, under docket number 95-3123, the Louisiana Supreme Court remanded the matter to this court for supplementation of the record and disposition of the matter on the merits of the writ application.

By order, dated June 28, 1996, this court granted a writ of certiorari, ordered the district court to supplement the record, and referred the matter to a regular docket.

SUMMARY JUDGMENT

A motion for summary judgment is a procedural device used to avoid a full-scale trial when there is no genuine factual dispute. Kidd v. Logan M. Killen, Inc., 93-1322 p. 4 (La.App. 1st Cir. 5/20/94); 640 So.2d 616, 618; Jarrell v. Carter, 632 So.2d 321, 323 (La.App. 1st Cir.1993), writ denied, 94-0700 (La.4/29/94); 637 So.2d 467; Ouachita National Bank in Monroe v. Gulf States Land & Development, Inc., 579 So.2d 1115, 1120 (La.App. 2nd Cir.), writ denied, 587 So.2d 695 (La.1991).

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Cite This Page — Counsel Stack

Bluebook (online)
685 So. 2d 179, 1996 WL 665410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colver-v-travelers-ins-companies-lactapp-1996.