Crigler v. Crigler

671 So. 2d 1199, 1996 WL 148464
CourtLouisiana Court of Appeal
DecidedApril 3, 1996
Docket28,085, 28,107 and 28,108-CW
StatusPublished
Cited by9 cases

This text of 671 So. 2d 1199 (Crigler v. Crigler) 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
Crigler v. Crigler, 671 So. 2d 1199, 1996 WL 148464 (La. Ct. App. 1996).

Opinion

671 So.2d 1199 (1996)

Steven G. CRIGLER, Plaintiff-Appellant,
v.
David CRIGLER, et al., Defendant-Appellants.

Nos. 28,085, 28,107 and 28,108-CW.

Court of Appeal of Louisiana, Second Circuit.

April 3, 1996.
Writ Denied June 7, 1996.

*1200 John W. Wilson, for Appellant, Steven G. Crigler.

Abrams & LaFargue by Reginald W. Abrams, Julie Mobley LaFargue, Shreveport, for Appellants, David Crigler & Sherry Johnston.

Rountree, Guin, Cox & Achee by Dale G. Cox, Shreveport, for Appellant, Allstate Insurance Co.

Before HIGHTOWER, BROWN and GASKINS, JJ.

GASKINS, Judge.

The parties to this litigation each sought supervisory review of a partial summary judgment rendered by the Twenty-Sixth Judicial District Court. The extent of coverage under a renter's insurance policy and liability *1201 for injuries sustained in a household kitchen fire are at issue.

FACTS

Sherry Johnston and David Crigler lived in open concubinage in Bossier City, Louisiana for some thirteen years. In July 1993, the couple lived in a house they co-leased together on Jane Street. Prior to moving to this address, the couple had rented another residence during which time Ms. Johnston had procured a policy of renter's insurance issued by Allstate. This policy was updated to reflect the Jane Street address following the couple's move. The policy's declaration page reflected Ms. Johnston as the sole insured.

In early July, the couple was visited by Crigler's brother, Steven Crigler. At the conclusion of David Crigler's work shift on July 8, the two brothers embarked on an evening of drinking. When they arrived home at approximately 2:00 a.m., David woke Ms. Johnston to let her know of their return. Ms. Johnston expressed her anger over David's drinking and his failure to notify her earlier of his whereabouts. She asked the brothers to be quiet and returned to her slumber.

David and Steven watched television and drank beer for a short while before David entered the kitchen to cook french fries for a late-night snack. He placed grease in a skillet, turned the stove on medium, went into the living room, and fell fast asleep. Moments later, David was awakened by the sounds of fire. He ran into the kitchen to find the grease ablaze. He attempted to douse the flames with water; however, this caused the burning grease to splatter onto the floor. Steven, who had been sleeping in another room, heard David's cry for help and ran barefooted to his brother's aid. Running into the kitchen, Steven slipped and fell in the burning grease and sustained severe burns to his feet, ankles, arms, and back.

Steven eventually brought suit against David Crigler, Sherry Johnston, and Allstate. Allstate denied liability on the part of Ms. Johnston and denied that its policy of insurance covered David Crigler. Allstate moved for summary judgment on both grounds. A partial summary judgment was granted with respect to the denial of coverage for David Crigler. The trial court, however, concluded that genuine issues of material fact existed concerning the liability of Ms. Johnston and denied summary judgment in this respect. Allstate's supervisory writ was granted for a review of the denial of summary judgment on the issue of Ms. Johnston's liability. The Crigler brothers seek review of the partial summary judgment which held that David Crigler was not an insured under the subject policy.

DISCUSSION

A motion for summary judgment is properly granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, shows that there is no genuine issue as to a material fact, and that mover is entitled to judgment as a matter of law. La.C.C.P. Art. 966; Aufrichtig v. Progressive Men's Club, 25,581 (La.App.2d Cir. 03/30/94), 634 So.2d 947. We begin our review with the Crigler brothers' assertion that the insurance contract was ambiguous and that David Crigler was an insured under the policy.

Coverage for David Crigler

Allstate successfully argued that David Crigler was not an insured under the policy sold to Sherry Johnston. The insurer's argument was simply based upon the language of the policy and the relationship between the parties. The renters' insurance policy sold to Ms. Johnston provides definitions for various terms used within the substantive language of the policy. The relevant definitions are the following:

1. "You" or "Your"—means the person named on the declarations page as the insured and that person's resident spouse.
. . . .
3. "Insured person"—means you and, if a resident of your household:
a) any relative; and
b) any dependent person in your care.

Allstate argued that Sherry Johnston is the only named insured on the policy's declarations page. Ms. Johnston and David Crigler were not married and David was, therefore, *1202 not Ms. Johnston's spouse. Neither was David Ms. Johnston's relative or a dependent under her care. The trial judge agreed and concluded that David Crigler was not an insured under these terms.

On appeal, the Crigler brothers argue that the insurance policy was ambiguous because it used, yet failed to define, the term "spouse." In essence, the brothers ask us to conclude that the term "spouse" is equivocal, thereby rendering the policy ambiguous and susceptible to construction against the drafter.

We are guided in our analysis by several elementary principles regarding the construction of insurance policies. These principles were concisely summarized in Louisiana Insurance Guaranty Association v. Interstate Fire & Casualty Company, 93-C-0911 (La. 01/14/94), 630 So.2d 759:

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 Civil Code. The judicial responsibility in interpreting insurance contracts is to determine the parties' common intent.
The parties' intent as reflected by the words in the policy determine [sic] the extent of coverage. Such intent is to be determined in accordance with the general, ordinary, plain and popular meaning of the words used in the policy, unless the words have acquired a technical meaning.
An insurance policy should not be interpreted in an unreasonable or a strained manner so as to enlarge or to restrict its provisions beyond what is reasonably contemplated by its terms or so as to achieve an absurd conclusion. Absent a conflict with statutory provisions or public policy, insurers, like other individuals, are entitled to limit their liability and to impose and to enforce reasonable conditions upon the policy obligations they contractually assume.
"Ambiguity will also be resolved by ascertaining how a reasonable insurance policy purchaser would construe the clause at the time the insurance contract was entered." The court should construe the policy "to fulfill the reasonable expectations of the parties in the light of the customs and usages of the industry." ...
Yet, if the policy wording at issue is clear and unambiguously expresses the parties' intent, the insurance contract must be enforced as written....

Louisiana Insurance Guaranty Association, supra. (Citations omitted.)

While the term "spouse" in the insurance contract was not defined, the word is ordinarily used to mean a partner in marriage.

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671 So. 2d 1199, 1996 WL 148464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crigler-v-crigler-lactapp-1996.